Van Hecke v. City of Stevens Point
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Portage county: Byron B. Park, Circuit Judge. Damages for change of grade. By general ordinance adopted in 1898 the city of Stevens Point established the grade of certain streets, among which was Brawley street. Brawley street runs substantially east and west. Elk street intersects it at right angles.
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Appeal from a judgment of the circuit court for Portage county: Byron B. Park, Circuit Judge. Damages for change of grade. By general ordinance adopted in 1898 the city of Stevens Point established the grade of certain streets, among which was Brawley street. Brawley street runs substantially east and west. Elk street intersects it at right angles. The plaintiff’s property is located at the intersection of Brawley and Elk streets and is on the easterly side of Elk street and on the south side of Brawley street. Upon his property the plaintiff had constructed a house which in its construction…
1Opinion of the CourtRosekberry, J.
It is urged first that the ordinance of 1898 establishing the grade of Brawley street is void; second, that the common council, by the adoption of the plans and specifications, legally changed the grade of Brawley street; third, that the appeal provided by sec. 62.16, Stats., was exclusive of all other remedies and for that reason the plaintiff is not entitled to maintain this action; fourth, that the damages are excessive; fifth, improper argument of counsel.(1) It is the claim of the city that the original grade provided for a fail of one tenth of a foot in approximately 287 feet and for…
2Cases cited2 opinions
- Drummond v. City of Eau ClaireWisconsin Supreme Court · 1893
- Henry v. City of La CrosseWisconsin Supreme Court · 1917
3Cited by1 opinion
- McDonald v. City of De PereWisconsin Supreme Court · 1959