SWENSON v. MILWAUKEE COUNTY


266 Wis. 129 (1954)

SWENSON and wife, Appellants, vs. MILWAUKEE COUNTY, Respondent.

Supreme Court of Wisconsin.

March 2, 1954.


Attorney(s) appearing for the Case

For the appellants there was a brief and oral argument by E. C. Pommerening, attorney, and Glen E. Pommerening of counsel, both of Milwaukee.

For the respondent the cause was submitted on the brief of William J. McCauley, district attorney, Oliver L. O'Boyle, corporation counsel, and George E. Rice, assistant corporation counsel.


GEHL, J.

Plaintiffs contend that it has not been shown that there is necessity for taking the land. In that connection they urge that the installation can be located just as conveniently and less expensively on the county's own property. Sec. 32.07, Stats., provides:

"The necessity of the taking shall be determined as follows:. . .

"(2) If the application be by a . . . county, . . . the petitioner shall determine the necessity."

That the legislature...

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