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McKENNA v. STATE HIGHWAY COMM.

28 Wis.2d 179 (1965)

MCKENNA and others, Appellants, v. STATE HIGHWAY COMMISSION, Respondent.

Supreme Court of Wisconsin.

June 25, 1965.

Attorney(s) appearing for the Case

For the appellants there was a brief by Aberg, Bell, Blake & Metzner of Madison, and oral argument by George G. Blake.

For the respondent the cause was argued by Richard E. Barrett, assistant attorney general, with whom on the brief was Bronson C. La Follette, attorney general.

HEFFERNAN, J.

This appeal raises two issues:2

1. Does the complaint state a cause of action for damages caused by the commission's closing of Whitcomb Drive, which changed the petitioners' access from direct to circuitous?

2. Does the commission have authority pursuant to sec. 84.25 (3), Stats. (controlled-access highways) to close off accesses without compensation if the area is no longer rural?

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