Berger v. City of Superior
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Douglas county: EeawK A. Ross, Circuit Judge. Action by plaintiffs, as general taxpayers and as owners of property affected by a proposed improvement, to restrain the city of Superior and the Russell Construction Company from the performance of a contract between them for the paving of one of the streets within the defendant city, on the ground that said contract was void because the fact that (a) no specifications for a…
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Appeal from a judgment of the circuit court for Douglas county: EeawK A. Ross, Circuit Judge. Action by plaintiffs, as general taxpayers and as owners of property affected by a proposed improvement, to restrain the city of Superior and the Russell Construction Company from the performance of a contract between them for the paving of one of the streets within the defendant city, on the ground that said contract was void because the fact that (a) no specifications for a concrete base had been adopted when bids were received; (b)' the contract was not let to the lowest responsible bidder for the…
1Opinion of the CourtViiije, J.
In view of the nature of .the action and the allegations of the complaint no fuller statement of the issues litigated is deemed necessary. Plaintiffs, though alleged to be owners of property affected by the proposed improvement, cannot maintain this action by reason of such ownership. Eor any wrong suffered in that capacity they must seek redress through an appeal from the final determination of the city council, provided for in sec. 959 — 30g, Stats. 1915. That is the only remedy they have as owners of property affected by the proposed improvement. Newton v. Superior, 146 Wis. 308, 130 N. W.…
2Cases cited3 opinions
- Kircher v. PedersonWisconsin Supreme Court · 1903
- Newton v. City of SuperiorWisconsin Supreme Court · 1911
- Dunn v. City of SuperiorWisconsin Supreme Court · 1912
3Cited by8 opinions
- Bechthold v. City of WauwatosaWisconsin Supreme Court · 1938
- Jere Fabick v. Tony EversWisconsin Supreme Court · 2021
- Richards v. Treasurer & Receiver GeneralMassachusetts Supreme Judicial Court · 1946
- McClutchey v. Milwaukee CountyWisconsin Supreme Court · 1941
- Stuart v. City of NeenahWisconsin Supreme Court · 1934
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