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HILLCREST GOLF v. ALTOONA

No. 86-0138.

135 Wis.2d 431 (1986)

400 N.W.2d 493

HILLCREST GOLF & COUNTRY CLUB, Plaintiff-Appellant, v. CITY OF ALTOONA, Owen Ayres & Associates, Inc., and Wausau Insurance Companies, Defendants-Respondents, Wayne JENSEN and Anita M. Jensen, Defendants.

Court of Appeals of Wisconsin.

Decided December 9, 1986.

Attorney(s) appearing for the Case

For the plaintiff-appellant, Hillcrest Golf & Country Club, there were briefs and oral argument by Dennis M. Sullivan of Herrick, Hart, Duchemin, Danielson & Guettinger, S.C. of Eau Claire.

For the defendant-respondent, Owen Ayres & Associates, Inc., there was a brief and oral argument by Eric J. Wahl of Wahl and Wahl of Eau Claire.

For the defendants-respondents, City of Altoona and Wausau Insurance Companies, there was a brief submitted by David Topczewski and Holly Lutz of Law Offices of Straub & Schuch of Wausau, and orally argued by: Holly Lutz.

Before Cane, P.J., LaRocque and Myse, JJ.

CANE, P.J.

Hillcrest Golf & Country Club appeals a judgment on the pleadings dismissing its complaint for failure to state a claim. Hillcrest argues that its complaint alleges facts sufficient to support causes of action under theories of inverse condemnation, nuisance, negligence, trespass, and violation of civil rights under 42 U.S.C.A. sec. 1983 (West Supp. 1986). Because we conclude that Hillcrest's complaint is sufficient to state a cause of action in inverse...

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