Johnson v. City of Edgerton

George and Cecil Johnson appeal from a summary judgment dismissing their action against the City of Edgerton. They sued the City for injunctive relief and damages when they were unable to gain access to their property from the unimproved "stub-end" of a city street. The trial court dismissed the action, concluding that the City was immune from suit under the "governmental immunity" provisions of § 893.80(4), Stats., 1 for its refusal to open the street to the Johnsons' lot line.

The issues are: (1) whether the immunity granted by § 893.80(4), STATS., is limited to actions in tort, or whether…