STATE, Appellant,
v.
MICHELS PIPELINE CONSTRUCTION, INC., and others, Respondents.
Supreme Court of Wisconsin.https://leagle.com/images/logo.png
Argued March 6, 1974.
Decided May 7, 1974.
Attorney(s) appearing for the Case
For the appellant the cause was argued by Richard J. Boyd, assistant attorney general, with whom on the brief was Robert W. Warren, attorney general.
For the respondents there was a joint brief by Schroeder, Gedlen, Riester & Moerke and Ewald L. Moerke, Jr., and Lewis A. Posekany, Jr., attorneys for Metropolitan Sewerage Commission of the County of Milwaukee and Metropolitan Sewerage District of the County of Milwaukee; Paul J. Burbach, attorney for Michels Pipeline Construction, Inc.; James B. Brennan, Milwaukee city attorney, Richard F. Maruszewski, assistant city attorney, and Patrick B. McDonnell, assistant city attorney, attorneys for Sewerage Commission of the City of Milwaukee; and Robert P. Russell, corporation counsel, and James J. Bonifas, deputy corporation counsel, attorneys for Milwaukee county; all of Milwaukee; and oral argument by Ewald L. Moerke, Jr., for respondent Metropolitan Sewerage Commission of the County of Milwaukee, and Mr. Burbach for respondent Michels Pipeline Construction, Inc.
A brief amicus curiae was filed by Harold H. Fuhrman and Wickert & Fuhrman, attorneys, and John P. Roemer of counsel, all of Milwaukee, for Root River Action Committee, Inc.
On motion for rehearing:
A brief was filed by Robert W. Warren, attorney general, and Richard J.Boyd, assistant attorney general, for the appellant.
A joint brief was filed by Schroeder, Gedlen, Riester & Moerke and Ewald L. Moerke, Jr., and Robert Arthur Melin, attorneys for Metropolitan Sewerage Commission of the County of Milwaukee and Metropolitan Sewerage District of the County of Milwaukee; Paul J. Burbach, attorney for Michels Pipeline Construction, Inc.; James B. Brennan, Milwaukee city attorney, Richard F. Maruszewski, assistant city attorney, and Patrick B. McDonnell, assistant city attorney, attorneys for Sewerage Commission of the City of Milwaukee; and Robert P. Russell, corporation counsel, and James J. Bonifas, deputy corporation counsel, attorneys for Milwaukee county; all of Milwaukee; for the respondents.
A brief amicus curiae was filed by Harold H. Fuhrman and Wickert & Fuhrman, attorneys, and John P. Romer of counsel, all of Milwaukee, for Root River Action Committee, Inc.
Supreme Court of Wisconsin.
WILKIE, J.
Two issues are raised by this appeal:
1. Does the complaint state facts sufficient to allege a public nuisance?
2. Assuming the answer to the first issue is yes, does the complaint state facts sufficient to constitute a cause of action?
Public nuisance.
The defendants assert that the scope of the injury alleged in the complaint here does not constitute a "public...
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