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PRUIM v. TOWN OF ASHFORD

No. 91-1444.

168 Wis.2d 114 (1992)

483 N.W.2d 242

Edward G. PRUIM, an individual, Plaintiff-Respondent, v. TOWN OF ASHFORD, a township, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided March 4, 1992.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Rick E. Hills of Hills & Hicks, S.C. of Brookfield.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Scott C. Beightol of Michael, Best & Friedrich of Milwaukee.

Before Nettesheim, P.J., Brown and Snyder, JJ.

BROWN, J.

The two issues in this case relate to sec. 88.87, Stats., the statute addressing a property owner's right to sue the government for flooding or water damage due to faulty construction or repair of highways. The first issue is whether the statute preempts claims for relief other than those stated in the statute. We hold that it does. The second issue is whether the ninety-day notice provision means ninety days...

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