Wegner v. Milwaukee Mutual Insurance Co.

Police pursuing an armed felony suspect who hid in Wegner's (plaintiff) home fired tear gas and flash-bang grenades into the house, destroying every window and causing structural damage totaling $71,000; the City of Minneapolis (defendant) refused to reimburse Wegner beyond what her insurer, Milwaukee Mutual (defendant), separately paid. The lower courts found the police action constituted a taking benefiting the whole community but held Wegner could not be compensated because the taking was justified by public necessity; Wegner appealed.