NISCHKE v. FARMERS & MERCHANTS BANK

No. 93-2634.

187 Wis.2d 96 (1994)

522 N.W.2d 542

Lois M. NISCHKE, Plaintiff-Appellant-Cross-Respondent, v. FARMERS & MERCHANTS BANK & TRUST, and General Casualty Co. of Wisconsin, Defendants-Respondents-Cross-Appellants.

Court of Appeals of Wisconsin.

Decided August 16, 1994.


Attorney(s) appearing for the Case

On behalf of plaintiff-appellant-cross-respondent, the cause was submitted on the briefs of D.J. Weis of Johnson, Weis, Paulson & Priebe, S.C. of Rhinelander.

On behalf of defendants-respondents-cross-appellants, the cause was submitted on the briefs of Thomas N. Harrington and Alexander T. Pendleton of Cook & Franke, S.C. of Milwaukee.

On behalf of Wisconsin's Environmental Decade as amicus curiae, a brief was submitted by Lawrence Classen of Madison.

On behalf of Wisconsin Bankers Association as amicus curiae, a brief was submitted by John E. Knight and James E. Bartzen of Boardman, Suhr, Curry & Field of Madison.

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


LaROCQUE, J.

Lois Nischke appeals the reduction of her $250,000 property damage award. The award was to compensate her for damages she suffered when gasoline leaked from an underground storage tank on her property contaminating her soil and water. The court found the award contrary to law and reduced it to reflect the lesser of the cost of repair or the property's diminished value. For reasons explained herein, we reverse...

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