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CAPITOL INDEMNITY CORP. v. REASBECK

No. 91-1259.

166 Wis.2d 332 (1991)

479 N.W.2d 247

CAPITOL INDEMNITY CORPORATION, Plaintiff, v. Joseph V. REASBECK III, and Carol J. Reasbeck, Defendants-Appellants, CITY OF SUPERIOR, Wisconsin, Defendant-Respondent, COMMUNITY BANK & TRUST CO., a Wisconsin banking corporation, Douglas County, Wisconsin, Upper Lakes Foods, Inc., a Minnesota corporation, Internal Revenue Service, State of Wisconsin, Wisconsin Department of Revenue, Como Food Products, Inc., a Minnesota corporation, M. Van Vynckt, Inc., a Wisconsin corporation, Timothy J. Schultz, d/b/a Schultz's Bar M&I First National Bank of Superior, a Wisconsin banking corporation, and G. Donald Gamst, d/b/a G. Donald Gamst & Associates, Defendants.

Court of Appeals of Wisconsin.

Submitted on briefs December 10, 1991.

Attorney(s) appearing for the Case

On behalf of the defendants-appellants, Joseph V. Reasbeck III and Carol J. Reasbeck, the cause was submitted on the joint briefs and joint oral argument of Paul M. Moldenhauer of Peterson, Cirilli, Gondik & Moldenhauer of Superior, and Ralph E. Binger, cocounsel, of Superior.

On behalf of the defendant-respondent, City of Superior, Wisconsin, the cause was submitted on the brief and oral argument of Scott W. Clark of Clark & Clark of Ashland.

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

CANE, P.J.

Joseph and Carol Reasbeck appeal those parts of a summary judgment holding them personally liable to the city of Superior for all future expenses to remove a nuisance and creating a constructive trust in their fire insurance proceeds. The Reasbecks do not contest the portions of the judgment declaring their property a nuisance and ordering the abatement of the nuisance by issuing a warrant to have it abated at...

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