State ex rel. Plowman v. Lear
Wisconsin Supreme Court
Appeal from a. judgment of the circuit court for Wau-paca county: Byron B. Park, Circuit Judge. In laying out a highway the town board, pursuant to the provisions of sec. 1270, Stats. 1919, entered into a written agreement with the owner of the land through which the highway ran as to the amount of damages sustained by the owner. Two resident taxpayers, pursuant to sec. 1286a, Stats. 1919, took an appeal to the county judge from such agreement as to damages.
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Appeal from a. judgment of the circuit court for Wau-paca county: Byron B. Park, Circuit Judge. In laying out a highway the town board, pursuant to the provisions of sec. 1270, Stats. 1919, entered into a written agreement with the owner of the land through which the highway ran as to the amount of damages sustained by the owner. Two resident taxpayers, pursuant to sec. 1286a, Stats. 1919, took an appeal to the county judge from such agreement as to damages. The relators objected to the jurisdiction of the judge, but the objections were overruled and the judge proceeded to draw a jury and…
1Opinion of the CourtVinje, C. J.
Does sec. 1286a, Stats., authorize an appeal from an agreement as to damages by' a taxpayer? The relators claim that such appeal lies only from an award of damages and not from an agreement as to damages. Sec. 1286a reads as follows:
“Any resident and taxpayer of a town' in which a highway shall be laid out, altered or discontinued, or if such highway is laid out, altered or discontinued on the town line between two towns, or extending from one town into an adjoining town, under sections 1272 and 1273 of the statutes, then any taxpayer residing in either of said towns which is required by the…
2Cited by2 opinions
- Outagamie County v. ShierWisconsin Supreme Court · 1932
- (1971), Wisconsin Attorney General Reports1971