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UPPER THIRD STREET DEVELOP. CORP. v. MILWAUKEE

8 Wis.2d 595 (1959)

UPPER THIRD STREET DEVELOPMENT CORPORATION, Respondent, v. CITY OF MILWAUKEE, Appellant.

Supreme Court of Wisconsin.

December 1, 1959.

Attorney(s) appearing for the Case

For the appellant there were briefs by Walter J. Mattison, city attorney, and Ewald L. Moerke, Jr., and Harvey G. Odenbrett, assistant city attorneys, and oral argument by Mr. Moerke and Mr. Odenbrett.

For the respondent there was a brief by Charne & Kops of Milwaukee, and oral argument by Floyd J. Kops.

CURRIE, J.

The plaintiff contends that its complaint states a good cause of action under the rule laid down in Feiten v. Milwaukee (1879), 47 Wis. 494, 2 N. W. 1149. Such rule is that, in order for a landowner to recover in a cause of action against a municipality for abandonment of a condemnation proceeding, such abandonment must both be "wrongful and injurious." It is conceded that the instant complaint does sufficiently allege that the plaintiff did sustain...

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