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NICK v. STATE HIGHWAY COMM.

21 Wis.2d 489 (1963)

NICK, Appellant, v. STATE HIGHWAY COMMISSION, Respondent.

Supreme Court of Wisconsin.

November 26, 1963.

Attorney(s) appearing for the Case

For the appellant there was a brief by Walstead, Anderson, Bylsma & Eisenberg of Madison, and oral argument by Elliott N. Walstead.

For the respondent the cause was argued by A. J. Feifarek, assistant attorney general, with whom on the brief was George Thompson, attorney general.

GORDON, J.

In Nick v. State Highway Comm. (1961), 13 Wis.2d 511, 109 N.W.2d 71, this court held that an impairment of the use of property by the exercise of the police power, where the property itself is not taken by the state, does not entitle the owner of such property to compensation. It was noted that Mrs. Nick still had access to Highway 30 via the use of Calhoun road.

The court relied on the reasoning of ...

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