Legal Opinion

Newton v. City of Superior

Wisconsin Supreme Court

Decided June 1, 1911PublishedCited by 14 opinions

Appeals from judgments of the superior court of Douglas ■county: Chabxes Smith, Judge. In 1891 part of Hughitt avenue in the city of Superior was .graded and in the succeeding year was paved with cedar block pavement upon a plank foundation and otherwise improved. The expense of these improvements was assessed against and paid for by the abutting and adjacent property. In 1910 it was repaved with creosote blocks on a concrete foundation and otherwise improved.

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Appeals from judgments of the superior court of Douglas ■county: Chabxes Smith, Judge. In 1891 part of Hughitt avenue in the city of Superior was .graded and in the succeeding year was paved with cedar block pavement upon a plank foundation and otherwise improved. The expense of these improvements was assessed against and paid for by the abutting and adjacent property. In 1910 it was repaved with creosote blocks on a concrete foundation and otherwise improved. The contract for this work was duly awarded, the board of public works, under direction of the common council, made a preliminary…

1Opinion of the Court

The following opinions were filed February 21, 1911:

Siebeokee, J.

The appellants insist that the court had no jurisdiction to entertain the equity action for the reason that ch. 539, Laws of 1909 (sec. 959 — 30g, Stats.), provides the *311only remedy available to tbe plaintiffs for the relief sought in these equity actions. This section provides :

“Sec. 959' — 30(7. If the owner of any parcel of land affected by such determination of.,the council feels himself aggrieved thereby, he may within twenty days after the date of the first publication of such notice of final determination appeal therefrom…

2Cases cited1 opinion

  1. Hayes v. Douglas CountyWisconsin Supreme Court · 1896

3Cited by14 opinions

  1. George Williams College v. Village of Williams BayWisconsin Supreme Court · 1943
  2. Lamasco Realty Co. v. City of MilwaukeeWisconsin Supreme Court · 1942
  3. Bekkedal v. City of ViroquaWisconsin Supreme Court · 1924
  4. Bechthold v. City of WauwatosaWisconsin Supreme Court · 1938
  5. Connell v. City of KaukaunaWisconsin Supreme Court · 1917

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