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VAN v. TOWN OF MANITOWOC RAPIDS

No. 88-2248.

150 Wis.2d 929 (1989)

442 N.W.2d 557

Carl VAN, and Judith Van, Plaintiffs-Appellants, v. TOWN OF MANITOWOC RAPIDS, Robert Braunel, Chairman, Reuben J. Schneider, Supervisor, and Clement Linsmeier, Supervisor, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided May 17, 1989.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the brief of Patrick A. Dewane, Jr. of Dewane, Dewane, Kummer & Lambert of Manitowoc.

On behalf of the defendants-respondents, the cause was submitted on the brief of Robert P. Hurth, Jr. of Denissen, Kranzush, Mahoney & Ewald, S.C. of Green Bay.

Before Scott, C.J., Brown, P.J., and Nettesheim, J.

BROWN, P.J.

This appeal concerns sec. 88.87(2), Stats., which imposes a duty on governmental entities to refrain from impeding the general flow of water in an unreasonable manner when constructing or maintaining highways or railroad beds. The statute creates a remedy for property owners who claim damages for violating this statute and establishes certain procedures to be followed in making a claim. Because Carl and Judith Van did not

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