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TIMM v. PORTAGE COUNTY DRAIN. DIST.

No. 86-1379.

145 Wis.2d 743 (1988)

429 N.W.2d 512

Gerald E. TIMM, Barbara A. Timm, Elmer W. Timm, Angeline M. Timm, Richard J. Timm, Patricia J. Kobza, Plaintiffs-Appellants-Cross-Respondents, v. PORTAGE COUNTY DRAINAGE DISTRICT, Portage County Drainage Commission, Douglas A. Hambach, Harry Isherwood, Max Haviland, Defendants-Respondents-Cross Appellants, OKRAY PRODUCE COMPANY, INC., Prairie Star Ranch, Inc., Conrad Wolosek, Terrance Wolosek, Myron Steinke, Charles Gussel, Carl Novak, Harold Novak, Donald Dorr, Alma Gussel, Gilbert Knippel, Agnes Staples, Orrin Ranum, Douglas Fellion, Michael Herman, Richard Provost, Lyn Dix, Nathan Wolosek, Howard Schuldt, Bruce Anderson, and Marvin Raasch, Intervenors-Defendants-Respondents-Cross Appellants.

Court of Appeals of Wisconsin.

Decided July 14, 1988.

Attorney(s) appearing for the Case

For the plaintiffs-appellants and cross-respondents there were briefs by Arvid A. Sather and Ann Ustad Smith, and Michael, Best & Friedrich, of Madison, and oral argument by Arvid A. Sather.

For the defendants-respondents and cross-appellants there was a brief by Russell T. Golla and Anderson, Shannon, O'Brien, Rice & Bertz of Stevens Point, and oral argument by Russell T. Golla.

For the intervenors-defendants respondents and cross-appellants there was a brief by Francis J. Podvin and Richard D. Weymouth, and Nash, Podvin, Detlefsen, Tuchscherer & Weymouth, S.C., of Wisconsin Rapids, and oral argument by Richard D. Weymouth.

Before Gartzke, P.J., Dykman and Eich, JJ.

DYKMAN, J.

Gerald Timm, et al., (Timms) appeal from a judgment dismissing their claims against the Portage County Drainage District and members of the Portage County Drainage Commission (defendants). Okray Produce Company, Inc., et al., property owners within the drainage district, were permitted to intervene against the Timms in the trial court. The dispositive issues on appeal are (1) whether defendants are immune from...

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