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WISCONSIN ELECTRIC POWER CO. v. MILWAUKEE

275 Wis. 121 (1957)

WISCONSIN ELECTRIC POWER COMPANY, Appellant, vs. CITY OF MILWAUKEE, Respondent.

Supreme Court of Wisconsin.

March 5, 1957.

Attorney(s) appearing for the Case

For the appellant there was a brief by Shaw, Muskat & Paulsen, attorneys, and. John F. Zimmermann of counsel, all of Milwaukee, and oral argument by Mr. Zimmermann.

For the respondent there was a brief by Walter J. Mattison, city attorney, and Ewald L. Moerke, Jr., assistant city attorney, and oral argument by Mr. Moerke.

A brief was filed by Robert D. Sundby of Madison, for the League of Wisconsin Municipalities, as amicus curiae.

PER CURIAM. In view of the determination made by the

United States supreme court we hold that the constructive notice given by the defendant city by publication Of the proposed special assessments against the plaintiff's lands did not meet the requirements of due process. Mullane v. Central Hanover B. & T. Co. (1950), 339 U.S. 306, 70 Sup. Ct. 652, 94 L. Ed. 865, and Walker v. Hutchinson (1956), 352...

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