Legal Opinion

Luber v. Milwaukee County

Wisconsin Supreme Court

Decided June 5, 1970No. 258PublishedCited by 60 opinions

1Opinion of the CourtHanley, J.

Two issues are presented on appeal:(1) Is see. 32.19 (4), Stats., unconstitutional either in itself or in the manner in which it was applied by the respondents; and

*275(2) Are the appellants-condemnees entitled to interest on the award from the date of taking until the date judgment was entered?

Constitutionality of see. 32.19 (k), Stats.

It is the appellants’ basic position on this appeal that the limitation on recovery for rent loss contained in sec. 82.19 (4),1 Stats., is an arbitrary and unreasonable limitation on the right of recovery granted by the Wisconsin Constitution, art. I, sec. 13.2

The…

2Cases cited19 opinions

  1. United States v. MillerSupreme Court of the United States · 1943
  2. United States v. General Motors Corp.Supreme Court of the United States · 1945
  3. United States Ex Rel. Tennessee Valley Authority v. PowelsonSupreme Court of the United States · 1943
  4. Mitchell v. United StatesSupreme Court of the United States · 1925
  5. United States v. Willow River Power Co.Supreme Court of the United States · 1945

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3Cited by60 opinions

  1. Klopping v. City of WhittierCalifornia Supreme Court · 1972
  2. Zinn v. StateWisconsin Supreme Court · 1983
  3. Maxey v. Redevelopment Authority of RacineWisconsin Supreme Court · 1980
  4. Wyandotte Chemicals Corp. v. Royal Electric Manufacturing Company, Inc.Wisconsin Supreme Court · 1975
  5. City of Phoenix v. Leroy's Liquors, Inc.Court of Appeals of Arizona · 1993

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