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METROPOLITAN SEWERAGE DIST. v. CITY OF MILWAUKEE

No. 02-2961.

267 Wis.2d 688 (2003)

2003 WI App 209

671 N.W.2d 346

MILWAUKEE METROPOLITAN SEWERAGE DISTRICT, Plaintiff-Appellant, v. CITY OF MILWAUKEE, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided September 30, 2003.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Michael J. McCabe and James H. Petersen, of the Milwaukee Metropolitan Sewerage District.

On behalf of the defendant-respondent, the cause was submitted on the brief of Grant F. Langley, city attorney, and Susan E. Lappen, assistant city attorney.

Before Wedemeyer, P.J., Schudson and Curley, JJ.

¶ 1. CURLEY, J.

Milwaukee Metropolitan Sewerage District appeals the grant of summary judgment to the City of Milwaukee in its suit claiming that the City engaged in negligence and created a nuisance. The District seeks to recoup $700,000, the cost of rebuilding a metropolitan interceptor sewer that it contends was destroyed when a City water main collapsed. The District argues that the trial court erred: (1) in concluding...

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