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BENCE v. SPINATO

No. 94-1575.

196 Wis.2d 398 (1995)

538 N.W.2d 614

Jerome A. BENCE, Jr., Plaintiff-Appellant-Cross Respondent, v. James A. SPINATO and Auto Services Associates, Inc., Defendants-Respondents-Cross Appellants, FALLS CAR WASH, INC., Defendant.

Court of Appeals of Wisconsin.

Decided August 16, 1995.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant-cross respondent, the cause was submitted on the briefs of Gary R. Schmaus of Schmaus Law Office of Germantown.

On behalf of the defendants-respondents-cross appellants, the cause was submitted on the brief of James R. Sommers of Hunter & Sommers of Waukesha.

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

SNYDER, J.

Jerome A. Bence appeals from a judgment dismissing his claim for damages he suffered as a result of removing underground storage tanks (USTs) on property that he leased to James A. Spinato. Bence argues that Spinato is responsible for the costs associated with the removal and clean up of the USTs because Spinato either owned the USTs or was liable under the terms of the lease. We conclude that Bence became the owner of the USTs by virtue of the original...

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