Kersten v. City of Milwaukee
Wisconsin Supreme Court
Appeal from a judgment of the superior court of Milwaukee county: J. 0. Ludwig, Judge. This action was brought by the plaintiff to restrain the city of Milwaukee and its contractors from grading an alley at the rear of his lot in Muskego Avenue Heights, in the Eleventh ward of the city, said lot being described as lot 15 of block 1, and having a frontage on the alley of 28.23 feet.
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Appeal from a judgment of the superior court of Milwaukee county: J. 0. Ludwig, Judge. This action was brought by the plaintiff to restrain the city of Milwaukee and its contractors from grading an alley at the rear of his lot in Muskego Avenue Heights, in the Eleventh ward of the city, said lot being described as lot 15 of block 1, and having a frontage on the alley of 28.23 feet. The alley runs south from Burnham street to a point about 110 feet from the south line of the block, and then turns west, and opens into Eighteenth avenue. A profile of the alley shows that before it was improved…
1Opinion of the Court
The following opinion was filed February 2, 1900:
BaRdebst, J.
The court has found that the assessment made by the board of public works was arbitrary and based solely upon the cost of the work in front of the abutting lots. A similar assessment was before this court for review in the case of Liebermann v. Milwaukee, 89 Wis. 336. The facts are not the same, but the form of the assessment in that case varies in no material respect from the one under consideration. There it was said that the assessment was void on its face for a failure to show affirmatively that it was made in conformity with…
2Cases cited6 opinions
- Boyd v. City of MilwaukeeWisconsin Supreme Court · 1896
- Hennessy v. Douglas CountyWisconsin Supreme Court · 1898
- Hayes v. Douglas CountyWisconsin Supreme Court · 1896
- Liebermann v. City of MilwaukeeWisconsin Supreme Court · 1895
- Watkins v. City of MilwaukeeWisconsin Supreme Court · 1881
1 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Lamasco Realty Co. v. City of MilwaukeeWisconsin Supreme Court · 1942
- Jorgenson v. City of SuperiorWisconsin Supreme Court · 1901
- Perkins v. PeacockWisconsin Supreme Court · 1953
- Sanderson v. HermanWisconsin Supreme Court · 1901
- Lathrop v. City of RacineWisconsin Supreme Court · 1903
13 more not listed; retrieve them via the Exa API.