Quam v. City of Fort Atkinson
Wisconsin Supreme Court
Appeal from an order of tbe county court of Jefferson county: R. B. KieKLAND, Judge. Tbe appeal is from an order sustaining a general demurrer to tbe complaint of tbe plaintiffs. Tbis action is brought to restrain tbe defendants, as city officers, from carrying out proceedings to pave Whitewater avenue in tbe city of Fort Athinson with a permanent pavement having a concrete foundation.
Read the full summary
Appeal from an order of tbe county court of Jefferson county: R. B. KieKLAND, Judge. Tbe appeal is from an order sustaining a general demurrer to tbe complaint of tbe plaintiffs. Tbis action is brought to restrain tbe defendants, as city officers, from carrying out proceedings to pave Whitewater avenue in tbe city of Fort Athinson with a permanent pavement having a concrete foundation. Tbe facts alleged in tbe complaint are as follows: That Fort Athinson is a city of tbe fourth class and is governed by tbe general city charter law; that Whitewater avenue is a public street, and tbe plaintiffs…
1Opinion of the CourtSiebecKeb, J.
The plaintiffs, as abutting property owners, assert that they have the right to restrain the defendants, as city officers, from further prosecution of the proceedings to improve Whitewater avenue with a permanent pavement having a concrete foundation as prescribed by secs. 959 — 30a to 959 — 30/, Stats, It is claimed by plaintiffs that the rights conferred on them by sub. 2 of see. 925- — 175 can be *222invoked against tbe contemplated action of tbe common council. Tbis subsection was added to sec. 925 — 175 by cb. 487, Laws 1915, wbicb provides that tbe existing provisions of tbis section shall…
2Cases cited2 opinions
- Dunn v. City of SuperiorWisconsin Supreme Court · 1912
- Weise v. City of Green BayWisconsin Supreme Court · 1910