Nick v. State Highway Commission
| Court | United States State Supreme Court of Wisconsin |
| Citation | 111 N.W.2d 95,13 Wis.2d 511 |
| Parties | Marie B. NICK, Appellant, v. STATE HIGHWAY COMMISSION, Respondent, |
| Decision Date | 06 October 1961 |
Page 95
v.
STATE HIGHWAY COMMISSION, Respondent,
[13 Wis.2d 512] Elliot N. Walstead, Milwaukee, for appellant.
John W. Reynolds, Atty. Gen., A. J. Feifarek, Asst. Atty. Gen., for respondent.
[13 Wis.2d 518A] PER CURIAM.
On reaching petitioner's motion for rehearing this court requested the parties to submit briefs on the following questions:
'1. If the said denial of access was arbitrary or capricious, would petitioner be entitled to seek an award of damages in the instant proceeding?
'2. In what type of proceeding, other than the instant proceeding, could petitioner have sought judicial review of said denial?'
Both parties submitted briefs. Both conceded that if the denial of access was arbitrary and capricious the decision of the administrative agency would be void, her
Page 96
rights would not be affected by the denial and petitioner would not be entitled to any damages.Sec. 227.15, Stats., and the sections immediately following provide for judicial review of administrative decisions. Respondent submits that such review is available to this appellant and the remedy so provided is the exclusive remedy. Appellant acknowledges that she may have this remedy but it will not produce any money in compensation for the property rights which she alleges have been seized; wherefore she submits that she may substitute another remedy better adapted to her desire.
We hold that the relief of judicial review of the administrative decision provided by statute is the exclusive remedy, with right of appeal from the reviewing court to the supreme court, per sec. 227.21, Stats. Appellant did not exhaust her remedy of judicial review. The circuit court correctly dismissed appellant's proceeding for other relief.
Motion for rehearing denied.
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Hoffer Props., LLC v. State, No. 2012AP2520.
...preceded by Carazalla, 269 Wis. 593, 70 N.W.2d 208, 71 N.W.2d 276, and Nick v. State Highway Commission, 13 Wis.2d 511, 109 N.W.2d 71, 111 N.W.2d 95 (1961). These cases will be discussed in chronological order.Carazalla v. State (1955)¶ 74 In Carazalla, Justice George Currie provided a broa......
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State ex rel. State Highway Commission v. Danfelser, No. 7021
...1957, 248 Iowa 869, 82 N.W.2d 755, 73 A.L.R.2d 680. See, also: Nick v. State Highway Commission, 1960, 13 Wis.2d 511, 109 N.W.2d 71, 111 N.W.2d 95; Robinett v. Price (1929), 74 Utah 512, 280 P. State, by and through State Highway Com'n v. Burk, 1954, 200 Or. 211, 265 P.2d 783; Department of......
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Ray v. State Highway Commission, No. 44137
...'outer roadways' reasonably provide access (Darnall, et al., v. State, et al., 79 S.D. 59, 108 N.W.2d 201; Nick v. State Highway Comm., 13 Wis.2d 511, 109 N.W.2d 71, 111 N.W.2d 95) the abutter is not entitled to compensation. While an abutter has the right of access to the public highway sy......
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State ex rel. Herman v. Schaffer, No. 9836--PR
...'outer roadways' reasonably provide access (Darnall, et al., v. State, et al., 79 S.D. 59, 108 N.W.2d 201; Nick v. State Highway Comm., 13 Wis.2d 511, 109 N.W.2d 71, 111 N.W.2d 95) the abutter is not entitled to compensation. While an abutter has the right of access to the public highway sy......
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Hoffer Props., LLC v. State, No. 2012AP2520.
...preceded by Carazalla, 269 Wis. 593, 70 N.W.2d 208, 71 N.W.2d 276, and Nick v. State Highway Commission, 13 Wis.2d 511, 109 N.W.2d 71, 111 N.W.2d 95 (1961). These cases will be discussed in chronological order.Carazalla v. State (1955)¶ 74 In Carazalla, Justice George Currie provided a broa......
-
State ex rel. State Highway Commission v. Danfelser, No. 7021
...1957, 248 Iowa 869, 82 N.W.2d 755, 73 A.L.R.2d 680. See, also: Nick v. State Highway Commission, 1960, 13 Wis.2d 511, 109 N.W.2d 71, 111 N.W.2d 95; Robinett v. Price (1929), 74 Utah 512, 280 P. State, by and through State Highway Com'n v. Burk, 1954, 200 Or. 211, 265 P.2d 783; Department of......
-
Ray v. State Highway Commission, No. 44137
...'outer roadways' reasonably provide access (Darnall, et al., v. State, et al., 79 S.D. 59, 108 N.W.2d 201; Nick v. State Highway Comm., 13 Wis.2d 511, 109 N.W.2d 71, 111 N.W.2d 95) the abutter is not entitled to compensation. While an abutter has the right of access to the public highway sy......
-
State ex rel. Herman v. Schaffer, No. 9836--PR
...'outer roadways' reasonably provide access (Darnall, et al., v. State, et al., 79 S.D. 59, 108 N.W.2d 201; Nick v. State Highway Comm., 13 Wis.2d 511, 109 N.W.2d 71, 111 N.W.2d 95) the abutter is not entitled to compensation. While an abutter has the right of access to the public highway sy......