Upper Third Street Development Corp. v. City of Milwaukee

The plaintiff contends that its complaint states a good cause of action under the rule laid down in Feiten v. Milwaukee (1879), 47 Wis. 494, 2 N. W. 1149. Such rule is that, in order for a landowner to recover in a cause of action against a municipality for abandonment' of a condemnation proceeding, such abandonment must both be “wrongful and injurious.” It is conceded that the instant complaint does sufficiently allege that the plaintiff did sustain damages as a result of the abandonment of the proceeding. Therefore, the only issue on this appeal is whether such abandonment was “wrongful” in…