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MORE-WAY NORTH CORP. v. STATE HIGHWAY COMM.

No. 134.

44 Wis.2d 165 (1969)

170 N.W.2d 749

MORE-WAY NORTH CORPORATION, Respondent, v. STATE HIGHWAY COMMISSION, Appellant.

Supreme Court of Wisconsin.

Decided October 3, 1969.

Attorney(s) appearing for the Case

For the appellant there were briefs by Robert P. Russell, corporation counsel of Milwaukee county, and Joseph J. Esser, assistant corporation counsel, and oral argument by Mr. Esser.

For the respondent there was a brief by Foley, Sammond & Lardner, attorneys, and Eugene C. Daly of counsel, all of Milwaukee, and oral argument by Mr. Daly.

WILKIE, J.

The central issue on this appeal is whether there was a taking of More-Way property for public use entitling More-Way to just compensation under the requirements of the Wisconsin Constitution, which provides, under art. I, sec. 13, as follows:

"The property of no person shall be taken for public use without just compensation therefor."

This constitutional term "just compensation" has never been construed as requiring payment for all injuries...

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