Legal Opinion

Wisconsin Electric Power Co. v. City of Milwaukee

Wisconsin Supreme Court

Decided March 5, 1957PublishedCited by 20 opinions

1Per curiam

In view of the determination made by the United States supreme court we hold that the constructive notice given by the defendant city by publication of the proposed special assessments against the plaintiff’s lands did not meet the requirements of due process. Mullane v. Central Hanover B. & T. Co. (1950), 339 U. S. 306, 70 Sup. Ct. 652, 94 L. Ed. 865, and Walker v. Hutchinson (1956), 352 U. S. 112, 77 Sup. Ct. 200, 1 L. Ed. (2d) 178. Therefore, it was error for the trial court to have sustained the general demurrer interposed to plaintiffs amended complaint.

One of the reasons advanced by the…

2Cases cited2 opinions

  1. Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
  2. Walker v. City of HutchinsonSupreme Court of the United States · 1956

3Cited by20 opinions

  1. Pierce v. Board of County CommissionersSupreme Court of Kansas · 1967
  2. In re HuieNew York Court of Appeals · 1967
  3. City of Houston v. ForeTexas Supreme Court · 1967
  4. Meadowbrook Manor, Inc. v. City of St. Louis ParkSupreme Court of Minnesota · 1960
  5. Konantz v. SteinSupreme Court of Minnesota · 1969

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