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SUNNYSIDE FEED CO., INC. v. CITY OF PORTAGE

No. 98-0709.

222 Wis.2d 461 (1998)

588 N.W.2d 278

SUNNYSIDE FEED COMPANY, INC., Plaintiff-Respondent-Cross-Appellant, v. CITY OF PORTAGE and Employers Insurance of Wausau, a mutual company, Defendants-Appellants-Cross-Respondents.

Court of Appeals of Wisconsin.

Decided October 15, 1998.

Attorney(s) appearing for the Case

On behalf of the defendants-appellants-cross-respondents, the cause was submitted on the briefs of Timothy J. Yanacheck of Law Offices of Stilp and Cotton of Madison.

On behalf of the plaintiff-respondent-cross-appellant, the cause was submitted on the briefs of Mark S. Zimmer of Hill, Glowacki, Jaeger, Reiley & Zimmer of Madison.

Before Dykman, P.J., Vergeront and Roggensack, JJ.

DYKMAN, P.J.

The City of Portage (City) and its insurer, Employers Insurance of Wausau (Employers Insurance), appeal from an order denying their post-verdict motion to dismiss Sunnyside Feed Company's (Sunnyside) nuisance claim. The City and Employers Insurance contend that the trial court erred in concluding that the nuisance was continuing rather than permanent, and that Sunnyside's claim was timebarred under the six-year statute of limitations. We disagree and...

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