Loewenbach v. City of Milwaukee
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: Lawrence W. Halsey, Circuit Judge. This action is brought to set aside a special assessment made to cover the cost of a second paving of a portion of State street in the city of Milivaukee. The new pavement constructed was of a permanent character and was laid on a concrete foundation. The expense of the former pavement was paid by the abutting lotowners.
Read the full summary
Appeal from a judgment of the circuit court for Milwaukee county: Lawrence W. Halsey, Circuit Judge. This action is brought to set aside a special assessment made to cover the cost of a second paving of a portion of State street in the city of Milivaukee. The new pavement constructed was of a permanent character and was laid on a concrete foundation. The expense of the former pavement was paid by the abutting lotowners. The circuit court held that the expense should be paid out of the ward fund, and set the assessment aside because the city council had no authority to order the work done at…
1Opinion of the Court
The following opinion was filed February 16, 1909:
Barnes, J.
Sec. 2, ch. 7, of the charter of the city of Milwaukee provides that the paving of any street shall be chargeable to and payable by the lots fronting upon such street to the amount which such paving shall be adjudged by the board of public works to be a benefit to such lots. This section of the charter further provides that, after a street has been paved in compliance with the order of the proper officers, the expense of renewing, repaving, and keeping the same in repair, and of any other subsequent improvement, shall be paid out of…
2Cases cited1 opinion
- Boyd v. City of MilwaukeeWisconsin Supreme Court · 1896
3Cited by8 opinions
- Robertson Lumber Co. v. City of Grand ForksNorth Dakota Supreme Court · 1914
- Turner v. City of North PlatteNebraska Supreme Court · 1979
- McKenzie v. City of MandanNorth Dakota Supreme Court · 1914
- Hoefer v. City of MilwaukeeWisconsin Supreme Court · 1913
- Schmidt v. City of MilwaukeeWisconsin Supreme Court · 1912
3 more not listed; retrieve them via the Exa API.