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FERGUSON v. KENOSHA

5 Wis.2d 556 (1958)

FERGUSON and others, Plaintiffs and Appellants, v. CITY OF KENOSHA, Defendant: STATE AERONAUTICS COMMISSION and others, Defendants and Respondents.

Supreme Court of Wisconsin.

December 2, 1958.

Attorney(s) appearing for the Case

For the appellants there was a brief by Cavanagh, Mittel-stated, Sheldon, Heide & Hartley of Kenosha, and oral argument by William A. Sheldon.

For the respondents there was a brief by the Attorney General and Beatrice Lampert, assistant attorney general, and oral argument by Mrs. Lampert and by Mr. A. J. Feifarek, assistant attorney general.

CURRIE, J.

The principal issues on this appeal are:

(1) Is the appeal procedure provided in the condemnation statutes the plaintiffs' exclusive remedy to raise the issues attempted to be stated in plaintiffs' complaint?

(2) Does sec. 3a, art. XI, Const., bar the acquisition of lands by the state, or any agency or political subdivision thereof, for airport purposes through the exercise of the power of eminent domain?

(3) In any event, was a...

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