City of Milwaukee v. Diller

In State ex rel. Allis v. Wiesner, 187 Wis. 384, 204 N. W. 589, this court held the jury provision of ch. VI of the Milwaukee city charter, with reference to the necessity of taking property by condemnation, was unconstitutional. The appellant now seeks to determine the necessity for the taking of property under the procedure of sub. (1), sec. 32.07, Stats., and then to acquire the property by virtue of the city charter provisions, following the unconstitutional provisions of the charter.

The questions involved may be simply stated. Did the decision of this court in the Wiesner Case, supra,…