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LINS v. BLAU

No. 97-2533.

220 Wis.2d 855 (1998)

584 N.W.2d 183

Kevin E. LINS, Shirley M. Lins, Eugene A. Lins, and Colleen R. Lins, Plaintiffs-Appellants, v. James BLAU, Defendant, TOWN OF SPRING GREEN and Sauk County, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided July 9, 1998.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of Robert E. Shumaker of DeWitt Ross & Stevens, S.C. of Madison.

On behalf of the defendant-respondent, Town of Spring Green, the cause was submitted on the brief of Robert G. Wixson of Winner, Wixson & Pernitz of Madison.

On behalf of the defendant-respondent, Sauk County, the cause was submitted on the brief of Thomas J. Basting, Sr., and Margery Mebane Tibbetts of Brennan, Steil, Basting & MacDougall, S.C. of Janesville.

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

DYKMAN, P.J.

Kevin, Shirley, Eugene and Colleen Lins appeal from an order dismissing their property damage action against James Blau, the Town of Spring Green (Town), and Sauk County (County). The trial court determined that the Linses' claim was time barred because they failed to file a notice of claim within the ninety days required under § 88.87(2)(c), STATS. The issue in this case is whether a 1994 amendment to § 88.87(2)(c), which extended the time...

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