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HOCKING v. CITY OF DODGEVILLE

No. 2008AP2812.

770 N.W.2d 761 (2009)

2009 WI App 108

Glen D. HOCKING and Louann Hocking, Plaintiffs-Appellants, v. CITY OF DODGEVILLE, Defendant-Respondent, Charles C. O'Rourke, Joan R. O'Rourke, American Family Mutual Insurance Company, Amy Crubaugh-Schrank, Shaun Sersch, Wendy Sersch and Germantown Mutual Insurance Company, Defendants.

Court of Appeals of Wisconsin.

Opinion Filed June 4, 2009.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of Tyler T. Kieler of Kopp, McKichan, Geyer, Skemp & Stombaugh, LLP, Platteville.

On behalf of the defendant-respondent, the cause was submitted on the brief of Peggy E. Van Horn of Law Offices of Thomas P. Stilp, Brookfield.

Before DYKMAN, VERGERONT and LUNDSTEN, JJ.

¶ 1 VERGERONT, J.

The issue on this appeal is whether the ten-year statute of repose for actions for injury resulting from improvements to real property, WIS. STAT. § 893.89 (2007-08),1 bars this action against the City of Dodgeville. Glen and Louann Hocking claim damages to their property resulting from excessive storm water run-off, which, they allege, constitutes a nuisance and is the result of negligence by the City in the...

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