Legal Opinion

Nick v. State Highway Commission

Wisconsin Supreme Court

Decided November 26, 1963PublishedCited by 24 opinions

1Opinion of the CourtGordon, J.

In Nick v. State Highway Comm. (1961), 13 Wis. (2d) 511, 109 N. W. (2d) 71, this court held that an impairment of the use of property by the exercise of the police power, where the property itself is not taken by the state, does not entitle the owner of such property to compensation. It was noted that Mrs. Nick still had access to Highway 30 via the use of Calhoun road.

The court relied on the reasoning of Carazalla v. State (1955), 269 Wis. 593, 608b, 70 N. W. (2d) 208, 71 N. W. (2d) 276, which was also a controlled-access highway case. In Carazalla, this court approved the conclusion of text…

2Cases cited5 opinions

  1. Snowden v. HughesSupreme Court of the United States · 1944
  2. Carazalla v. StateWisconsin Supreme Court · 1955
  3. Stefan Auto Body v. State Highway CommissionWisconsin Supreme Court · 1963
  4. Town of Ashwaubenon v. State Highway CommissionWisconsin Supreme Court · 1962
  5. Chicago, Milwaukee, St. Paul & Pacific Railroad v. Public Service CommissionWisconsin Supreme Court · 1954

3Cited by24 opinions

  1. Robertson Transportation Co. v. Public Service CommissionWisconsin Supreme Court · 1968
  2. State ex rel. Cities Service Oil Co. v. Board of AppealsWisconsin Supreme Court · 1963
  3. Milwaukee Metropolitan Sewerage District v. Wisconsin Department of Natural ResourcesWisconsin Supreme Court · 1985
  4. Kachian v. Optometry Examining BoardWisconsin Supreme Court · 1969
  5. Town of Ashwaubenon v. Public Service CommissionWisconsin Supreme Court · 1963

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