Legal Opinion

Schroedel Corp. v. State Highway Commission

Wisconsin Supreme Court

Decided February 28, 1967PublishedCited by 15 opinions

1Opinion of the CourtCurrie, C. J.

The single issue presented by this appeal is:

Was the assignment of the condemnation appeal to the county condemnation commission made by Circuit Judge Roller as a judge or as a court?

Jurisdiction to enter an order assigning an appeal to a condemnation commission pursuant to sec. 32.05 (9), Stats., lies with a circuit or county judge of the county wherein the subject property is located. A court lacks such jurisdiction. 2 Sec. 32.05 (9) in part provides:

“(9) Appeal From Award By Owner Or Other Party In Interest, (a) Any party having an interest in the property condemned may, within 2 years…

2Cases cited13 opinions

  1. Peavy-Wilson Lumber Co. v. County of BrevardSupreme Court of Florida · 1947
  2. Klump v. CybulskiWisconsin Supreme Court · 1957
  3. Application of Loup River Public Power Dist.Nebraska Supreme Court · 1953
  4. City of Madison v. TiedemanWisconsin Supreme Court · 1957
  5. Atlantic Coast Lumber Corp. v. MorrisonSupreme Court of South Carolina · 1929

8 more not listed; retrieve them via the Exa API.

3Cited by15 opinions

  1. Village of Shorewood v. SteinbergWisconsin Supreme Court · 1993
  2. 519 CORP. v. Department of TransportationWisconsin Supreme Court · 1979
  3. State Department of Transportation v. PetersonWisconsin Supreme Court · 1999
  4. Warehouse II, LLC v. State Department of TransportationWisconsin Supreme Court · 2006
  5. Lees v. Department of Industry, Labor & Human RelationsWisconsin Supreme Court · 1971

10 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API