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JOHNSON v. CITY OF EDGERTON

No. 96-0894.

207 Wis.2d 343 (1996)

558 N.W.2d 653

George JOHNSON and Cecil Johnson, Plaintiffs-Appellants, v. CITY OF EDGERTON, a Municipal Corporation, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided December 5, 1996.

Attorney(s) appearing for the Case

For the plaintiffs-appellants the cause was submitted on the briefs of Randall R. Garczynski of Garczynski & Brennan Law Offices, S.C., of Elkhorn.

For the defendant-respondent the cause was submitted on the brief of Ronald J. Kotnik and Peter A. Martin of Lathrop & Clark of Madison.

Before Eich, C.J., Dykman, P.J., and Deininger, J.

EICH, C.J.

George and Cecil Johnson appeal from a summary judgment dismissing their action against the City of Edgerton. They sued the City for injunctive relief and damages when they were unable to gain access to their property from the unimproved "stub-end" of a city street. The trial court dismissed the action, concluding that the City was immune from suit under the "governmental immunity" provisions of § 893.80(4), STATS.,1 for...

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