McKenna v. State Highway Commission

This appeal raises two issues: 2

1. Does the complaint state a cause of action for damages caused by the commission’s closing of Whitcomb Drive, which changed the petitioners’ access from direct to circuitous ?

2. Does the commission have authority pursuant to sec. 84.25 (3), Stats, (controlled-access highways) to close off accesses without compensation if the area is no longer rural ?

We agree with the conclusion of the trial court that the closing of Whitcomb Drive where it intersects the Madison Beltline, a controlled-access highway, does not state a cause of action for inverse condemnation. 3