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STATE v. CITY OF RHINELANDER

No. 02-2322-FT.

263 Wis.2d 311 (2003)

2003 WI App 87

661 N.W.2d 509

STATE of Wisconsin, Plaintiff, GENERAL CASUALTY COMPANY OF WISCONSIN, Intervening Plaintiff-Respondent, TOWER INSURANCE COMPANY and Employers Insurance of Wausau, a mutual company, Intervening Plaintiffs, HAWKEYE-SECURITY INSURANCE COMPANY, Intervening Plaintiff-Third-Party Plaintiff, v. CITY OF RHINELANDER, Defendant-Appellant, CHAMPION INTERNATIONAL CORPORATION, Banta Corporation and Triumph Twist Drill Company, Defendants, SENTRY INSURANCE, a mutual company, Third-Party Defendant.

Court of Appeals of Wisconsin.

Decided March 25, 2003.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the joint briefs of James P. Lonsdorf of Lonsdorf & Andraski of Wausau, and Philip I. Parkinson, city attorney of Rhinelander, and oral argument by James P. Lonsdorf.

On behalf of the intervening plaintiff-respondent, the cause was submitted on the brief of Robert F. Johnson and Heidi L. Vogt of Cook & Franke, S.C. of Milwaukee, and oral argument by Heidi L. Vogt.

Before Cane, C.J., Hoover, P.J., and Peterson, J.

¶ 1. CANE, C.J.

The City of Rhinelander appeals a judgment denying coverage for environmental remediation costs under an umbrella policy issued by General Casualty Company of Wisconsin.1 The circuit court concluded the policy's "owned property" exclusion precluded coverage. We agree and therefore affirm the judgment.

BACKGROUND

¶ 2. This appeal is part of a lengthy controversy involving a landfill the City owned...

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