Wisconsin Power & Light Co. v. Columbia County

Appellant contends that the facts stated in the complaint constitute a cause of action on each of three grounds: (1) A taking of plaintiffs property for public use, for which plaintiff is entitled to just compensation under sec. 13, art. I, Wis. Const., (2) a trespass on plaintiffs property, and (3) an actionable nuisance. We are of opinion, as was the learned circuit judge, that no cause of action is stated on any theory.

We note at the outset that the complaint does not allege that defendant intended to invade or affect plaintiffs property, nor that defendant had any reason to anticipate…