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DEFEVER v. CITY OF WAUKESHA

No. 2006AP3053.

743 N.W.2d 848 (2007)

2007 WI App 266

Michael D. DeFEVER, Olga O. Defever, Scott A. Saxe, Kandie K. Saxe, Andrew M. Bley, Jennifer L. Bley, James D. Ziebarth, Patricia Boelkow, Kimberly Ann Christian, Eric S. Gissel, Stacey L. Sander-Gissel, Frank P. Raczon, Jeff Hart, Michele Hart, Karen Carlsen, and Joe Carlson, Plaintiffs-Appellants, Liberty Mutual Insurance Company and Progressive Halcyon Insurance Company, Subrogated Plaintiffs, v. CITY OF WAUKESHA and Waukesha Water Utility, Defendants-Respondents, TDI Associates, Inc., Kendal Group, Ltd., Wisconsin Electric Power Company, Maass Excavating and Trucking, Inc., and Metropolitan Engineering, Incorporated, Defendants. State Farm Mutual Automobile Insurance Company and State Farm Fire and Casualty, Plaintiffs, Vicki R. Huse, Eileen L. Zimmerman, Frank P. Raczon, Jeffrey M. Hart, Kimberly A. Christian, and Steven Setzke, Involuntary Plaintiffs, v. TDI Associates, Inc., The Kendal Group, Ltd., Waukesha Water Utility, Wisconsin Electric Power Company, Maass Excavating and Trucking, Inc., and Metropolitan Engineering, Incorporated, Defendants.

Court of Appeals of Wisconsin.

Opinion Filed November 28, 2007.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of Jeff Scott Olson of The Jeff Scott Olson Law Firm, S.C., Madison.

On behalf of the defendants-respondents, the cause was submitted on the brief of Tony A. Kordus of Liebmann, Conway, Olejniczak & Jerry, S.C., Green Bay.

Before BROWN, C.J., ANDERSON, P.J., and SNYDER, J.

¶ 1 SNYDER, J.

Michael D. DeFever and other tenants of the Kendal Glen Apartments (DeFever) appeal from the summary judgment dismissal of their claims against the City of Waukesha and Waukesha Water Utility (Waukesha) based upon governmental immunity. DeFever contends that Waukesha is not immune because it violated a ministerial duty and, further, that we should extend the "public officers" exception recognized for...

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