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JOHNSON v. CITY OF ONALASKA

No. 89-0933.

153 Wis.2d 611 (1989)

451 N.W.2d 466

Donald JOHNSON and Joyce Johnson, Plaintiffs-Respondents, v. CITY OF ONALASKA, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided December 7, 1989.

Attorney(s) appearing for the Case

For the defendant-appellant the cause was submitted on the briefs of Janet A. Jenkins of Johns & Flaherty, S.C. of La Crosse.

For the plaintiffs-respondents the cause was submitted on the brief of Jerome Klos of Klos, Flynn & Papenfuss, Chartered of La Crosse.

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

EICH, C.J.

The City of Onalaska appeals from an order denying its motion for summary judgment to dismiss an action commenced by the respondents, Joyce and Donald Johnson.1 The Johnsons sought compensation for damages to their property caused by the city's lowering of the grades of two abutting streets. The city's motion argued that the Johnsons' action was barred because it was not commenced...

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