Filer & Stowell Co. v. City of Milwaukee
Wisconsin Supreme Court
Appeal from an order of tbe circuit court for Milwaukee county: J. C. Ludwig, Circuit Judge. Action to recover damages for an alleged unauthorized change of grade.
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Appeal from an order of tbe circuit court for Milwaukee county: J. C. Ludwig, Circuit Judge. Action to recover damages for an alleged unauthorized change of grade. Plaintiff pleaded ownership of a city lot abutting on Becher street in the city of Milwaukee, Wisconsin, due establishment of the grade of such street in 187 6, improvement of the street according to such grade long prior to 1909, change of. such grade in 1909, construction of the street in front of said lot accordingly, to his damage in respect to said lot in the sum of $20,000, and that such change and reconstruction was with-:…
1Opinion of the CourtMaRshall, J.
The order appealed from must be affirmed. The main contention of appellant is that the charter of Mil-wauhee authorizes the municipality to change the grade of a street after such grade has been once fixed and the street improved accordingly, and reconstruct the way without making •any assessment of benefits and damages to abutting lots and regardless of whether such damages exceed the benefits, so long as the change is made without charging any part of the ■cost to such abutting property. Counsel present an ingenious argument on this point, which we do not think advisable to review in detail.
2Cases cited2 opinions
- Liebermann v. City of MilwaukeeWisconsin Supreme Court · 1895
- Dore v. City of MilwaukeeWisconsin Supreme Court · 1877
3Cited by7 opinions
- Bekkedal v. City of ViroquaWisconsin Supreme Court · 1924
- Pabst Brewing Co. v. City of MilwaukeeWisconsin Supreme Court · 1912
- Bagnall v. City of MilwaukeeWisconsin Supreme Court · 1914
- Schmidt v. City of MilwaukeeWisconsin Supreme Court · 1912
- Milwaukee Trust Co. v. City of MilwaukeeWisconsin Supreme Court · 1911
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