Home/Wisconsin Supreme Court/Grunwaldt v. City of Milwaukee

Grunwaldt v. City of Milwaukee

151 N.W.2d 24, 35 Wis. 2d 530, 1967 Wisc. LEXIS 1228
Wisconsin Supreme Court·Decided June 9, 1967·Published·Cited by 5 cases

Opinion

Wilkie, J.

Two issues are presented on this appeal.

1. Was the land formerly in the area encompassed by the eastern half of North Teutonia avenue abandoned and discontinued for highway purposes ?

2. If the land was discontinued for highway purposes, does this land revert to the plaintiff ?

The appellant claims title to the property in question under the rule of Miller Investment Co. v. Milwaukee. 3 In Miller the plaintiff owned land abutting on Martin street. Martin street was relocated to the south, but the city continued to use the land formerly occupied by Martin street which fronted on the plaintiff’s property. The court held that the city had no right to use this land because it belonged to the plaintiff. The alteration of Martin street by relocating it resulted in a discontinuance for highway use of the land so altered. 4 “The authorities are uniform in holding that the land not included within the line of the new street where a street has been altered reverts to the abutting owner.” 5 In the case at bar, plaintiff claims that the alteration of old North Teutonia avenue resulted in discontinuing the land in question for highway use, and this land, therefore, reverts to him. Thus, it is first necessary to consider the issue of whether there has been an abandonment and discontinuation for highway purposes.

By reference to Exhibit No. 1, a brief description of the land in question will help to put this dispute in

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Grunwaldt v. City of Milwaukee, 151 N.W.2d 24, 35 Wis. 2d 530, 1967 Wisc. LEXIS 1228 (Wis. 1967).

151 N.W.2d 24 (Grunwaldt v. City of Milwaukee) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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