Bright v. City of Superior
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Douglas county: E. C. Higbee/Judge. Tbis is an equitable action by tbe owner of two lots in tbe original plat of tbe city of Superior seeking to bave set aside and declared void a certain agreement entered into by tbe city ■with the appellant railway companies, also a certain resolution adopted by the city council carrying out said agreement and vacating certain platted streets, alleys, and harbor slips in said-city, and to…
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Appeal from a judgment of tbe circuit court for Douglas county: E. C. Higbee/Judge. Tbis is an equitable action by tbe owner of two lots in tbe original plat of tbe city of Superior seeking to bave set aside and declared void a certain agreement entered into by tbe city ■with the appellant railway companies, also a certain resolution adopted by the city council carrying out said agreement and vacating certain platted streets, alleys, and harbor slips in said-city, and to enjoin the defendants from asserting any rights under the agreement and resolution because of the invalidity of said…
1Opinion of the Court
Tbe following opinion was filed March 6, 1916:
WiNsnow, C. J.-
It is conceded that tbe resolution of vacation was void at tbe time of tbe passage because of tbe entire lack of tbe petition and tbe notice to property owners which are required by tbe statute. Secs. 927, 904-, Stats. 1913. This renders it unnecessary to consider any of tbe other grounds upon which tbe validity of tbe resolution and tbe agreement which preceded tbe resolution are challenged. Tbe resolution being void when passed, its execution can, of course, be enjoined by a court of equity at tbe suit of one who, under…
2Cases cited8 opinions
- Norcross v. GriffithsWisconsin Supreme Court · 1886
- City of Ashland v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1900
- Mahler v. BrumderWisconsin Supreme Court · 1896
- Gimbel Bros. v. Milwaukee Boston StoreWisconsin Supreme Court · 1915
- Schuster v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1910
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Mayer v. GrueberWisconsin Supreme Court · 1965
- Angelo v. Railroad CommissionWisconsin Supreme Court · 1928
- Muscoda Bridge Co. v. Worden-Allen Co.Wisconsin Supreme Court · 1928
- Blaser v. Vanden HeuvelWisconsin Supreme Court · 1916
- Opinion No. Oag 74-76, (1976), Wisconsin Attorney General Reports1976