ZACHE v. WEST BEND


268 Wis. 291 (1954)

ZACHE and wife, Appellants, vs. TOWN OF WEST BEND, Defendant: UTILITY DISTRICT No. 1, Respondent.

Supreme Court of Wisconsin.

December 7, 1954.


Attorney(s) appearing for the Case

For the appellants there was a brief by Irving D. Gaines and N. Paley Phillips, both of Milwaukee, and oral argument by Mr. Gaines.

For the respondent there was a brief by Schloemer, Stoltz & Merriam of West Bend, and oral argument by Clyde J. Schloemer.


BROWN, J.

The complaint alleges that the action of the district in changing the grade of the highway was illegal and plaintiffs submit that the demurrer admits the allegation, wherefore, a cause of action is stated. The allegation is a conclusion of law and is not admitted by demurrer.

More specifically, the complaint alleges that the utility district failed to comply with the requirements of ch. 80, Stats., for giving...

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