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KOHLBECK v. RELIANCE CONST. CO., INC.

No. 01-1404.

256 Wis.2d 235 (2002)

2002 WI App 142

647 N.W.2d 277

Jeffrey M. KOHLBECK and Jill A. Kohlbeck d/b/a Dunbars Bear Necessities, Plaintiffs-Appellants, v. RELIANCE CONSTRUCTION COMPANY, INC., Defendant, WISCONSIN DEPARTMENT OF TRANSPORTATION, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided May 9, 2002.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of George Burnett of Liebmann, Conway, Olejniczak & Jerry, S.C., Green Bay.

On behalf of the defendant-respondent, the cause was submitted on the brief of James E. Doyle, attorney general, and Michael J. Losse, assistant attorney general.

Before Dykman, Deininger and Lundsten, JJ.

¶ 1. DYKMAN, J.

Jill and Jeffrey Kohlbeck sued the Wisconsin Department of Transportation (DOT) and Reliance Construction Company, Inc., alleging that a highway construction project supervised by DOT and performed by Reliance damaged their property. DOT filed a motion to dismiss for failure to state a claim. The circuit court granted the motion, concluding alternatively that the Kohlbecks could not state a claim under WIS. STAT. § 88.87 (1999-2000)

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