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COBB v. MILWAUKEE COUNTY

No. 461.

60 Wis.2d 99 (1973)

208 N.W.2d 848

COBB and others, Plaintiffs and Respondents, v. MILWAUKEE COUNTY and others, Defendants and Appellants: CITY OF MILWAUKEE, Defendant and Respondent.

Supreme Court of Wisconsin.

Decided June 29, 1973.

Attorney(s) appearing for the Case

For the appellants there were briefs by Robert W. Warren, attorney general, and Richard E. Barrett, assistant attorney general, attorneys for Wisconsin Department of Transportation, and Robert P. Russell, corporation counsel, attorney for Milwaukee County and Milwaukee County Expressway and Transportation Commission, and oral argument by Mr. Russell.

For the plaintiffs-respondents there was a brief by Walther & Halling, attorneys, and David L. Walther and F. M. Van Hecke of counsel, all of Milwaukee, and oral argument by David L. Walther and Mr. Van Hecke.

For the defendant-respondent there was a brief by James B. Brennan, city attorney, and Gerald V. Kortsch and Francis T. Wasielewski, assistant city attorneys, and oral argument by Mr. Kortsch and Mr. Wasielewski.

HANLEY, J.

The parties submitted the following as the issue presently before this court on appeal: Do the restrictions in the documents conveying title and transferring control of park lands from the city to the county preclude the construction of a state highway on such lands?

However, by letter dated May 3, 1973, this court requested the parties to respond to the following four questions:

1. Do the plaintiffs...

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