Guenther v. Rutkowski
Wisconsin Supreme Court
• Appeal from a judgment of the circuit court for Milwaukee county: Lawrence W. Halsey, Circuit Judge. Action in equity to set aside a special tax levied upon plaintiff’s land as a benefit in a drainage proceeding. Plaintiff claims the supervisors lost jurisdiction betause they failed to assess him damages resulting from the widening and deepening of the main ditch running through his land.
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• Appeal from a judgment of the circuit court for Milwaukee county: Lawrence W. Halsey, Circuit Judge. Action in equity to set aside a special tax levied upon plaintiff’s land as a benefit in a drainage proceeding. Plaintiff claims the supervisors lost jurisdiction betause they failed to assess him damages resulting from the widening and deepening of the main ditch running through his land. His benefits were assessed at $123.53. From the order of the supervisors assessing benefits and failing to assess damages he appealed to the county court. The commissioners appointed by the county court,…
1Opinion of the Court
The following opinion was filed December 13, 1921:
Vinje, J.
It is evident that plaintiff suffered some damage to his land by reason of the widening and deepening of the ditch through his land. About a quarter of an acre more land was taken by the ditch itself, which the evidence showed was worth about $37.50; that the spill banks would cover nearly two acres, and if spread would involve expense and loss of crops for some time. Sec. 1362, Stats. 1917, provides that the supervisors “shall award just damage to each piece of land damaged by the proposed work.” This they failed to do, though…
2Cases cited6 opinions
- Rowell v. SmithWisconsin Supreme Court · 1905
- Steen v. NortonWisconsin Supreme Court · 1878
- Fraser v. MulanyWisconsin Supreme Court · 1906
- Cotzhausen v. DickWisconsin Supreme Court · 1909
- Berger v. DischerWisconsin Supreme Court · 1911
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Jefferson County Drainage Board v. BaneckWisconsin Supreme Court · 1953
- Kewaunee, Green Bay & Western Railway Co. v. Brown County Farm Drainage District No. 3Wisconsin Supreme Court · 1924
- Miller v. McManusWisconsin Supreme Court · 1924
- Lake County v. Orland Twp.South Dakota Supreme Court · 1931
- Dekowski v. StachuraWisconsin Supreme Court · 1923
1 more not listed; retrieve them via the Exa API.