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WELCH v. CITY OF APPLETON

No. 02-3259-FT.

265 Wis.2d 688 (2003)

2003 WI App 133

666 N.W.2d 511

James R. WELCH and Linda L. Welch, Plaintiffs-Appellants, v. CITY OF APPLETON and ABC Insurance Company, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided May 28, 2003.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the brief of Charles D. Koehler and Herrling, Clark, Hartzheim & Siddall Ltd., of Appleton.

On behalf of the defendants-respondents, the cause was submitted on the brief of Christopher R. Behrens, assistant city attorney, of the City of Appleton.

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

¶ 1. HOOVER, P.J.1

James and Linda Welch appeal a summary judgment granted to the City of Appleton. The trial court concluded that the City was entitled to governmental immunity under WIS. STAT. § 893.80(4) after an overflowing sewer caused the Welches' home to collapse to a point requiring total demolition. The Welches contend that the City created a nuisance and was negligent, breaching its ministerial duty to maintain the...

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