Howell Plaza, Inc. v. State Highway Commission

Howell Plaza, Inc., a shopping center corporation, petitioned the circuit court to order the State Highway Commission to proceed with the condemnation of the property of the Howell Plaza Corporation, which the petitioner claims has been “occupied” by the commission, but in respect to which it has not undertaken condemnation proceedings. In response to the petition, the commission moved to dismiss because Howell Plaza did “not state facts sufficient to constitute a cause of action or to bring said claim within the purview of ch. 82, Wis. Stats.” The trial judge, correctly we believe, treated…