Revival Center Tabernacle of Battle Creek v. City of Milwaukee

Is a petition for inverse condemnation, brought pursuant to sec. 32.10, Stats., demurrable ?

Appellant, in its brief on appeal, contends that such petition in such action is not demurrable. Sec. 32.10, the statute under which the petition is filed, provides that, after the service and filing of the petition, “. . . The court shall thereupon make a finding of whether the defendant is occupying property of the plaintiff without having the right to do so. . . .” Plaintiff contends that the statute itself thus mandates an evidentiary hearing to determine whether or not an unlawful public taking of…