82 Wis. 279 | Wis. | 1892
Ey the ordinance enacted May 18, 1891, under the provisions of ch. 254, Laws of 1891, the newly-established grade of Third street in front of the plaintiff’s lots was raised very much above the grade as previously established, and so high as to be nearly two feet above the ground floor of plaintiff’s building. At the time of the commencement of this action the city, without any petition therefor or the consent of any of the lot owners to be affected thereby, was about to let the contract for raising said street up to such newly-established grade, and to repave the same, to the plamtiff’s great injury and damage, and to assess and charge against said lots a proportionate share of the costs thereof, without taking into account such injury or damage, or any benefits resulting therefrom. As the charter stood prior to the enactment of ch. 254, Laws of
If the legislature had power thus to take away from the lot owners in forty-nine particular blocks of the city such rights of property so permanently secured to them by the charter, and at the same time leave such chartered rights unimpaired as to all other lot owners in the city, then the legislature has the same power as to the lot owners in a single block, or even as to the owner of a single lot in a block. It is one of the purposes of American constitutional law to prevent all such special class legislation. This court has repeatedly held void such discriminate exercise of arbitrary legislative power. Bull v. Conroe, 13 Wis. 233; Durkee v. Janesville, 28 Wis. 464; Hincks v. Milwaukee, 46 Wis. 559; Culbertson v. Coleman, 47 Wis. 193; Hughes v. Fond du Lac, 73 Wis. 382; Janesville v. Carpenter, 77 Wis. 303;
Besides, ch. 254, Laws of 1891, is essentially a local act, relating to a subject not expressed in its title, and hence is in violation of sec. 18, art. IV, Const. Wis. Durkee v. Janesville, 26 Wis. 697; Yellow R. Imp. Co. v. Arnold, 46 Wis. 214.
By the Court.— The order of the circuit court is affirmed.