ANHALT v. CITIES AND VILLAGES MUTUAL INS. CO.

No. 00-3551.

249 Wis.2d 62 (2001)

2001 WI App 271

637 N.W.2d 422

Roger and Donna ANHALT, Floyd W. (dec'd) and Sharon J. Bartlett, James and Lynn Batzner, Larry J. and Lori A. Bubb, Anna Castellan, Johnand Libi Churchill, Richard and Kristine Cvetan, Allan J. and Linda K. Dekker, Ralph and Jill Dekker, Kevin S. and Gail M. Dickfoss, Mary Ann Dickfoss, Edwin L. and Joyce Fritz, Donald and Gloria Gerk, Ronald and Judy Glaeser, John and Patricia Green, Kevin and Andrea Haen, Herbert and Edna Heiden, James and Cathy Kehn, Eugene and Gail Kissinger, David and Bonnie Krom, Allan and Barbara Krueger, Karen Lardinois, Richard and Shirley Ledeboer, Peter J. and Mary E. Loewen, Mary Mannchen, Thomas R. and Madelyn Y. Mlada, Joan B. Pittner, Frank and Carol Race, Karl F. Riem, Marion Russell, Leroy and Sandy Seefeldt, Jeffrey A. and Jane H. Shea, Allen and Marsha L. Sherven, John and Carol Sneen, Scott and Julie Thomas, Raymond L. Uphoff, Michael E. and Jana L. Wagner, David and Kim Warden and Thomas W. and Kathryn E. Zummallen, Plaintiffs-Appellants, v. CITIES AND VILLAGES MUTUAL INSURANCE COMPANY and City of Sheboygan, Defendants-Respondents, GENERAL CASUALTY INSURANCE COMPANY, Sentry Insurance Company, State Farm Insurance Company, Farmers Insurance Company, Allstate Insurance Company and Kemper Insurance Company, Defendants. Sharon L. KUNSTMAN, n/k/a Sharon L. Romenesko, Donald, Marion and Lori Ladiges, James and Kathleen Saladino, J.C. and Julie Schultz, Patricia J. Swoboda and Douglas and Patricia Wrensch, Plaintiffs-Appellants, v. CITIES AND VILLAGES MUTUAL INSURANCE COMPANY and City of Sheboygan, Defendants-Respondents, SENTRY INSURANCE COMPANY, Safeco Insurance Company and Sheboygan Falls Mutual Insurance Company, Defendants. Ashton E. WICK, D.D.S as trustee and income beneficiary of the Ashton E. Wick Trust and Ashton E. Wick Trust, Plaintiffs-Appellants, v. CITIES AND VILLAGES MUTUAL INSURANCE COMPANY and City of Sheboygan, Defendants-Respondents, PRINCIPAL LIFE INSURANCE COMPANY, Defendant.

Court of Appeals of Wisconsin.

Decided October 24, 2001.


Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of and oral argument by Randall L. Nash of O'Neil, Cannon & Hollman, S.C. of Milwaukee.

On behalf of the defendants-respondents Cities and Villages Mutual Insurance Company and City of Sheboygan, the cause was submitted on the brief of Joseph J. Voelkner and James O. Conway of Olsen, Kloet, Gunderson & Conway of Sheboygan. There was oral argument by James O. Conway.

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


¶ 1. BROWN, J.

Eighty residents of the City of Sheboygan appeal from an order granting summary judgment to the City. The residents, representing forty-six properties, brought this action against the City after sustaining substantial damage of their homes and personal property due to flooding. The residents allege that the City is responsible for the flooding based on claims of: (1) negligence, (2) private nuisance, (3) inverse condemnation, (4) waste, and (5...

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