Legal Opinion

Koller v. City of La Crosse

Wisconsin Supreme Court

Decided April 6, 1900PublishedCited by 1 opinion

Appeal from a judgment of the circuit court for La Crosse county: O. B. WymaN, Circuit Judge. The plaintiff .was the owner of a tract of land in the city of La Grosse. In 1896 the city undertook to lay out Denton street, and found it necessary to take a portion of said tract. Appropriate proceedings were instituted to that end, and commissioners were duly appointed as required by sec. 6, subch.

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Appeal from a judgment of the circuit court for La Crosse county: O. B. WymaN, Circuit Judge. The plaintiff .was the owner of a tract of land in the city of La Grosse. In 1896 the city undertook to lay out Denton street, and found it necessary to take a portion of said tract. Appropriate proceedings were instituted to that end, and commissioners were duly appointed as required by sec. 6, subch. YI, oh. 162, Laws of 1887, as amended by sec. 6, ch. 492, Laws of 1889, to view the premises and determine the compensation to be paid to the owner for the land taken, and: also what lands would be…

1Opinion of the CourtBaedeex, J.

There is but one way the city of La Orosse can exercise the right of eminent domain, and that is by. a substantial compliance with charter requirements. If this has been done, the end of the law has been fulfilled and the plaintiff has no standing' in court. If these requirements have not been met, then the plaintiff’s land has not been properly taken, and he can reclaim it. The complaint is based upon the theory that the proceedings taken by the city leading up to the making of the award of the value of the property taken were valid and regular, and it is for the amount of this award that…

2Cases cited2 opinions

  1. Ivanhoe v. City of EnterpriseOregon Supreme Court · 1896
  2. Holton v. City of MilwaukeeWisconsin Supreme Court · 1872

3Cited by1 opinion

  1. Zwietusch v. Village of East MilwaukeeWisconsin Supreme Court · 1915

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