BEER v. OZAUKEE COUNTY HIGHWAY COMM.


9 Wis.2d 346 (1960)

BEER and wife, Respondents, v. OZAUKEE COUNTY HIGHWAY COMMITTEE and another, Appellants.

Supreme Court of Wisconsin.

February 2, 1960.


Attorney(s) appearing for the Case

For the appellants the cause was argued by Richard E. Barrett, assistant attorney general, James J. Koenen, district attorney of Ozaukee county, and Richard C. Bonner, special counsel, with whom on the brief was John W. Reynolds, attorney general.

For the respondents there was a brief by Runkel & Runkel and Frank X. Didier, all of Port Washington, and Alfred D. Jahr of New York City, and oral argument by Mr. Didier and Mr. Paul D. Runkel.

A brief was filed by Ralph M. Hoyt of Milwaukee, for the county board of Ozaukee county, as amicus curiae.


CURRIE, J.

The three principal issues raised by the parties upon this appeal are as follows:

(1) Did the acceptance and cashing of the $8,500 check by the landowners estop them from raising any issue in the circuit court proceeding other than the proper amount of damages to be awarded them for the taking?

(2) Do the words "improving and maintaining highways" appearing in sec. 84.09 (1), Stats., embrace the right to acquire access rights by purchase...

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