Nick v. State Highway Commission
| Decision Date | 06 October 1961 |
| Parties | Marie B. NICK, Appellant, v. STATE HIGHWAY COMMISSION, Respondent, |
| Court | Wisconsin Supreme Court |
Elliot N. Walstead, Milwaukee, for appellant.
John W. Reynolds, Atty. Gen., A. J. Feifarek, Asst. Atty. Gen., for respondent.
On reaching petitioner's motion for rehearing this court requested the parties to submit briefs on the following questions:
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 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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State ex rel. Herman v. Schaffer
...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 system, it does not follow tha......
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Hendrickson v. State, 38692
...State, S.D., 108 N.W.2d 201; Holbrook v. State, Tex.Civ.App., 355 S.W.2d 235; Nick v. State Highway Comm., 13 Wis.2d 511, 109 N.W.2d 71, 111 N.W.2d 95; Stefan Auto Body v. State Highway Comm., 21 Wis.2d 363, 124 N.W.2d 319.17 Blount County v. McPherson, 268 Ala. 133, 105 So.2d 117; State ex......
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Ray v. State Highway Commission
...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 system, it does not follow tha......
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State ex rel. State Highway Commission v. Danfelser
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