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MCDONALD v. DE PERE

8 Wis.2d 16 (1959)

MCDONALD and wife, Appellants, v. CITY OF DE PERE, Respondent.

Supreme Court of Wisconsin.

October 6, 1959.

Attorney(s) appearing for the Case

For the appellants there was a brief by Evrard, Evrard, Duffy, Holman & Faulds of Green Bay, and oral argument by James R. Faulds.

For the respondent there was a brief and oral argument by Albert S. Vanden Heuvel, city attorney.

CURRIE, J.

Sec. 62.16 (1), Stats., provides that a property owner may maintain an action against a city to recover the damages sustained to his property as a result of the common council of the city changing the "permanently established grade of any street." Here the plaintiffs' claim for damages arises by reason of an alleged change in grade of a public sidewalk. However, such a sidewalk lies within the boundaries of the...

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