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ESTATE OF DONNELL v. MILWAUKEE

No. 90-1844.

160 Wis.2d 529 (1991)

466 N.W.2d 670

ESTATE OF Patrick DONNELL, James Konat, Susan Konat, Gordon Julson, Dawn Julson, Hildegard Magewski, Thomas Aubinger, Carol Donnell, Kathleen Donnell, Estate of Robert Johnson, Elmer Bohlman, David Roubik, Geraldine Roubik, Lorraine Hegerty, Vaughn Henk, Walter Blankenship, Gerald Kobus and Frances Pfeffer, Plaintiffs-Appellants-Cross Respondents, v. CITY OF MILWAUKEE and Target Stores, a division of Dayton Hudson Corporation, Defendants-Third Party Plaintiffs-Respondents-Cross Appellants, v. MILWAUKEE METROPOLITAN SEWERAGE COMMISSION, RSP Architects, Ltd., Setter, Leach & Lindstrom, Inc. and J.C. Zimmermann Engineering, Corp., Third Party Defendants-Cross Respondents.

Court of Appeals of Wisconsin.

December 26, 1990.

Decided January 15, 1991.

Attorney(s) appearing for the Case

For the third party defendant-cross respondent Milwaukee Metropolitan Sewerage Commission, a motion was submitted by Godfrey, Trump & Hayes by Edward A. Hannan, of Milwaukee.

For the third party defendant-cross respondent Setter, Leach & Lindstrom, Inc., a motion was submitted by Frisch Dudek, Ltd. by Michael J. Lund, of Milwaukee.

For the third party defendant-cross respondent RSP Architects, Ltd., a response was submitted by Kluwin, Dunphy, Hinshaw & Culbertson by Thomas K. Mullins, of Milwaukee.

For defendant-third party plaintiff-respondent-cross appellant Target Stores, a response was submitted by Michael, Best & Friedrich by Thomas G. Herz, of Milwaukee.

For third party defendant-cross respondent J.C. Zimmermann Engineering, Corp., a response was submitted by Quarles & Brady by Carolyn A. Gnaedinger, of Milwaukee.

Before Moser, P.J., Sullivan and Fine, JJ.

PER CURIAM.

This case was initiated by approximately 108 residents of a topographically low area near an outlet of a storm sewer draining approximately 648 acres in the City of Milwaukee. The sewer is allegedly capable of handling only "a two-year storm event." These residents' properties were allegedly flooded four times in three years by overland flow and sewerage back-ups. The residents sued the City of Milwaukee and Target stores for negligence, trespass, nuisance...

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