City of Milwaukee v. Schomberg

In their counterclaim defendants allege (1) that plaintiff is attempting to take defendants’ property for *168private rather than public purposes, (2) the existence of a contract under the terms of which plaintiff agreed to refrain from opening streets through defendants’ property, and (3) threatened trespass on defendants’ land for the purpose of installing sewers and other public services prior' to condemnation.

We will consider these propositions in reverse order. Defendants claim that the city, pursuant to notices sent to them, threatens to enter upon the land before the condemnation…