CITY OF ELKHORN v. 211 CENTRALIA ST. CORP.

No. 03-2077.

275 Wis.2d 584 (2004)

2004 WI App 139

685 N.W.2d 874.

CITY OF ELKHORN, a Wisconsin municipality, Plaintiff-Appellant, v. The 211 CENTRALIA STREET CORPORATION, a Wisconsin corporation, Defendant, NORTHBROOK PROPERTY AND CASUALTY INSURANCE COMPANY and Northbrook National Insurance Companies, foreign insurance corporations, Zurich American Insurance Company and American Guaranty and Liability Insurance Company, foreign insurance corporations, Defendants-Respondents.

Court of Appeals of Wisconsin.

June 30, 2004.


Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Mark A. Peterson, Marvin I. Strawn and M. Susan Maloney of McNally, Maloney & Peterson, S.C., of Milwaukee.

On behalf of the defendants-respondents Northbrook Property and Casualty Insurance Company and Northbrook National Insurance Companies, the cause was submitted on the briefs of Stacy A. Broman, William M. Hart and Damon L. Highly of Meagher & Geer, P.L.L.P., of Minneapolis, Minnesota.

On behalf of the defendants-respondents American Guaranty and Liability Insurance Company and Zurich American Insurance Company, the cause was submitted on the brief of Mark M. Leitner of Kravit, Gass, Hovel & Leitner, S.C., of Milwaukee.

A nonparty brief was filed by Peggy A. Lautenschlager, attorney general, and Hillary Schwab, assistant attorney general, on behalf of the State of Wisconsin.

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


¶ 1. BROWN, J.

This case involves contamination in the soil and groundwater at the site of the old Getzen Company, a manufacturer of musical instruments, located at 211 West Centralia Street in the City of Elkhorn.1 The City filed a complaint against Getzen, arguing that as a result of Getzen's manufacturing operations, the soil and groundwater...

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