REVIVAL CENTER TABERNACLE v. MILWAUKEE

No. 478.

68 Wis.2d 94 (1975)

227 N. W. 2d 694

REVIVAL CENTER TABERNACLE OF BATTLE CREEK, Appellant, v. CITY OF MILWAUKEE and another, Respondents.

Supreme Court of Wisconsin.

Decided April 10, 1975.


Attorney(s) appearing for the Case

For the appellant there was a brief by Eisenberg & Kletzke, and oral argument by Jerome Pogodzinski and Sydney Eisenberg, all of Milwaukee.

For the respondent there was a brief by James B. Brennan, city attorney, and William J. Lukacevich and Theophilus C. Crockett, assistant city attorneys, and oral argument by Mr. Lukacevich.


ROBERT W. HANSEN, J.

Is a petition for inverse condemnation, brought pursuant to sec. 32.10, Stats., demurrable?

Appellant, in its brief on appeal, contends that such petition in such action is not demurrable. Sec. 32.10, the statute under which the petition is filed, provides that, after the service and filing of the petition, ". . . The court shall thereupon make a finding of whether the defendant is occupying property of the plaintiff without having the...

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