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MENICK v. CITY OF MENASHA

No. 95-0185.

200 Wis.2d 737 (1996)

547 N.W.2d 778

Lisa MENICK, Plaintiff-Appellant, v. CITY OF MENASHA, Defendant-Respondent, STATE FARM FIRE & CASUALTY COMPANY, Defendant.

Court of Appeals of Wisconsin.

Decided March 6, 1996.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of John R. Monroe of DeForest.

On behalf of the defendant-respondent, the cause was submitted on the brief of Peter M. Farb of Gabert, Williams & Farb of Appleton.

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

SNYDER, J.

Lisa Menick appeals from an order granting summary judgment to the City of Menasha. Menick brought an action against the City after raw sewage from the city's sewer system had twice flooded her basement. In the complaint, Menick alleged that the City was responsible because the flooding was: (1) a taking under the Fifth Amendment of the United States Constitution; (2) a deprivation of property in violation of 42 U.S.C. § 1983; (3) a taking under Article...

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