State Ex Rel. Welch v. Chatterton

The following opinion was filed December 2, 1941:

Faiechild, J.

The sufficiency of the allegations, in stating a cause of action depends upon the necessity of appellants doing things admittedly left undone and that depends upon which of two statutes is applicable to vacation proceedings which affect a highway which enters and serves several communities. Appellants admit that in the proceedings taken no attempt was made to comply with ch. 80, Stats., and that they placed their reliance solely on sec. 61.38, Stats.., as a guide. No notice was given h> those whose property was outside of the…