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RILEY v. TOWN OF HAMILTON

No. 89-0155.

153 Wis.2d 582 (1989)

451 N.W.2d 454

William T. RILEY, and Susan K. Riley, Plaintiffs-Appellants, v. TOWN OF HAMILTON and County of La Crosse, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided December 7, 1989.

Attorney(s) appearing for the Case

For the plaintiffs-appellants the cause was submitted on the briefs of Peter T. Waltz and Thomas M. Fitzpatrick of Fitzpatrick, Smyth, Dunn & Fitzpatrick of La Crosse.

For the defendant-respondent La Crosse County the cause was submitted on the brief of William A. Shepherd of Corporation Counsel of La Crosse.

Before Eich, C.J., Dykman and Sundby, JJ.

EICH, C.J.

William and Susan Riley appeal from a judgment dismissing their inverse condemnation action against the Town of Hamilton and La Crosse County (collectively "the county").

Section 32.10, Stats., allows "the owner" of property occupied, but not condemned, by one possessing the power of condemnation, to commence inverse condemnation proceedings seeking damages for the taking. We are asked on this appeal...

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