Johnson v. City of Onalaska

The City of Onalaska appeals from an order denying its motion for summary judgment to dismiss an action commenced by the respondents, Joyce and Donald Johnson. The Johnsons sought compensation for damages to their property caused by the city's lowering of the grades of two abutting streets. The city's motion argued that the Johnsons' action was barred because it was not commenced within the time limit prescribed by sec. 32.18, Stats., which provides, in pertinent part:

Where a street. . . improvement project undertaken by . . . á . . . city . . . causes a change of the grade of such street . .…