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MILLER v. CITY OF WAUWATOSA

No. 76-410.

87 Wis.2d 676 (1979)

275 N.W.2d 876

MILLER, Plaintiff-Appellant, v. CITY OF WAUWATOSA, Defendant-Respondent.

Supreme Court of Wisconsin.

Decided February 27, 1979.

Attorney(s) appearing for the Case

For the appellant there were briefs by John T. Clark, Joseph C. Niebler and Miller & Niebler, S. C., of Milwaukee, and oral argument by Joseph C. Niebler.

For the respondent there was a brief and oral argument by Harold D. Gehrke, city attorney, of Wauwatosa.

Brief of the attorney general as amicus curiae was filed by Bronson C. La Follette, attorney general, and Charles A. Bleck, assistant attorney general.

CONNOR T. HANSEN, J.

The street involved in this litigation is a portion of North Menomonee River Parkway in the City of Wauwatosa. The appellant owns residential real estate which abuts the western edge of the parkway and is located in the Sheraton Lawns subdivision. At the time the plat was recorded in 1926, a 40-foot right-of-way was dedicated for roadway purposes.

In 1956, the subdivision was annexed to the city and the city improved and relocated the...

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