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MILWAUKEE v. SCHOMBERG

261 Wis. 166 (1952)

CITY OF MILWAUKEE, Respondent, vs. SCHOMBERG and others, Appellants.

Supreme Court of Wisconsin.

March 4, 1952.

Attorney(s) appearing for the Case

For the appellants there was a brief by Poss, Toelle & Schuler and Raymond H. Kleis, all of Milwaukee, and oral argument by Mr. H. W. Schuler and Mr. Kleis.

For the respondent there was a brief by Walter J. Mattison, city attorney, and Clyde E. Sheets, assistant city attorney, and oral argument by Mr. Sheets and Mr. Ralph J. Chmurski, assistant city attorney.

MARTIN, J.

In their counterclaim defendants allege (1) that plaintiff is attempting to take defendants' property for private rather than public purposes, (2) the existence of a contract under the terms of which plaintiff agreed to refrain from opening streets through defendants' property, and (3) threatened trespass on defendants' land for the purpose of installing sewers and other public services prior to condemnation.<...

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