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SHANAK v. CITY OF WAUPACA

No. 92-1055.

185 Wis.2d 568 (1994)

518 N.W.2d 310

Michael SHANAK, Jr., and Virginia Shanak, d/b/a Shanak Foundry & Machine Company, Plaintiffs-Appellants, v. CITY OF WAUPACA, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided May 19, 1994.

Attorney(s) appearing for the Case

For the plaintiffs-appellants the cause was submitted on the brief of Thomas Terwilliger and Jeffrey J. Strande of Terwilliger, Wakeen, Piehler & Conway, S.C. of Wausau.

For the defendant-respondent the cause was submitted on the brief of Steven M. Anderson of Ruder, Ware & Michler, S.C. of Wausau and Nancy J. Krueger of Menn, Nelson, Sharratt, Teetaert & Beisenstein, Ltd. of Appleton.

Before Eich, C.J., Gartzke, P.J., and Dykman, J.

GARTZKE, P.J.

Michael Shanak, Jr. and Virginia Shanak d/b/a Shanak Foundry & Machine Company (Shanaks) appeal from a judgment in favor of the City of Waupaca (City). We affirm the judgment in part and reverse in part.

I. NATURE OF THE CASE

Shanaks own a millpond, dike, dam, hydroelectric plant and machine shop, all in the City. The Crystal River feeds the pond. The pond provides water to the hydroelectric...

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