Legal Opinion
Zache v. Town of West Bend
Wisconsin Supreme Court
Decided December 7, 1954PublishedCited by 4 opinions
1Opinion of the CourtBrown, J.
The complaint alleges that the action of the district in changing the grade of the highway was .illegal and plaintiffs submit that the demurrer admits the allegation, wherefore, a cause of action is stated. The allegation is a conclusion of law. and is not admitted by demurrer.
More specifically, the complaint alleges that the utility district failed to comply with the requirements of ch. 80, Stats., for giving notice of the change of grade, conducting hearings, making awards of damages to abutting landowners, and the like, and thus its change of grade was illegal. Ch. 80, Stats., relates to…
2Cases cited2 opinions
- Colclough v. City of MilwaukeeWisconsin Supreme Court · 1896
- Smith v. City of Eau ClaireWisconsin Supreme Court · 1891
3Cited by4 opinions
- Reque v. Milwaukee & Suburban Transport Corp.Wisconsin Supreme Court · 1959
- Marky Investment, Inc. v. ArnezederWisconsin Supreme Court · 1961
- Barrett v. PepoonWisconsin Supreme Court · 1963
- Chicago & North Western Railway Co. v. Public Service CommissionWisconsin Supreme Court · 1956