Gergen v. City of West Allis

The learned circuit judge sustained the demurrer because, as he understood the law, an action for damages does not lie for changing the grade of a street except for a change of grade previously established by action of the council, and the complaint contained no allegation of such previous establishment of the street grade.

Sec. 62.16 (4) (a), applicable to cities of the fourth class, provides that no street shall be improved where the expense exceeds $500 except upon vote of two thirds of all members of the council unless the owners of one half of the frontage *232petition therefor. The grading…