McDonald v. City of De Pere

Sec. 62.16 (1), Stats., provides that a property owner may maintain an action against a city to recover the damages sustained to his property as a result of the common council of the city changing the “permanently established grade of any street.” Here the plaintiffs’ claim for damages arises by reason of an alleged change in grade of a public sidewalk. However, such a sidewalk lies within the boundaries of the street and the statute embraces a change in grade of such sidewalk. Worth v. Westfield (N. J. 1913), 90 Atl. 727, and Anno. 156 A. L. R. 416, 420.

While the common council of the…