Van Valkenburgh v. City of Milwaukee
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Milwaukee County. Pursuant to tbe provisions of chapter 141, Private and Local .Laws, 1868, tbe common council of Milwaukee established a ■park, or public grounds within the limits therein prescribed, ¿and the damages and benefits to the lots of individuals, appro-pnated for that purpose, -were assessed by the board of public ■worts, which, board is charged by law with that duty.
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APPEAL from tbe Circuit Court for Milwaukee County. Pursuant to tbe provisions of chapter 141, Private and Local .Laws, 1868, tbe common council of Milwaukee established a ■park, or public grounds within the limits therein prescribed, ¿and the damages and benefits to the lots of individuals, appro-pnated for that purpose, -were assessed by the board of public ■worts, which, board is charged by law with that duty. Such assessments were afterwards confirmed by the common council. In this assessment the board of public works made the following entry: “A piece of land known as Lake street, from…
1Opinion of the Court
Lyoít J.
I. For the purpose of making the assessments of damages and benefits, it was necessary tbat the jury should ascertain the value of the appellant’s lots appropriated for the purposes of the park, or affected by the improvement. Tbe existence or non-existence of a public highway or street over the strip of land known as Lake street, was certainly an element to be considered in determining such value. Tbe lots may be more valuable if the public has no easement upon them, than they would be did the easement exist. It seems very clear, therefore, tbat the question as to whether such strip…
2Cases cited1 opinion
- Ely v. BatesWisconsin Supreme Court · 1856
3Cited by4 opinions
- Van Valkenburgh v. City of MilwaukeeWisconsin Supreme Court · 1878
- Jarstadt v. MorganWisconsin Supreme Court · 1880
- Burbach v. SchweinlerWisconsin Supreme Court · 1882
- Rau v. FreundWisconsin Supreme Court · 1917