HOCKING v. CITY OF DODGEVILLE

No. 2007AP1754.

768 N.W.2d 552 (2009)

2009 WI 70

Glen D. HOCKING and Louann Hocking, Plaintiffs-Appellants, v. CITY OF DODGEVILLE, Laurence E. Schmit, Wallace Rogers, Shaun Sersch, Wendy Sersch and Germantown Mutual Insurance Company, Defendants, Charles C. O'Rourke, Joan R. O'Rourke, American Family Mutual Insurance Company and Amy Crubaugh-Shrank, Defendants-Respondents.

Supreme Court of Wisconsin.

Decided July 9, 2009.


Attorney(s) appearing for the Case

For the plaintiffs-appellants there was a brief (in the court of appeals) and a reply brief filed by Sheila S. Kelley, Matthew Allen, Tyler T. Kieler, Christopher D. Stombaugh, and Kopp, McKichan, Geyer, Skemp & Stombaugh, LLP, Platteville, and oral argument by Christopher D. Stombaugh.

For the defendants-respondents, Charles C. O'Rourke, Joan R. O'Rourke, and American Family Mutual Insurance Company, there was a brief by Patricia J. Epstein, Amy B.F. Tutwiler, and Bell, Geirhart & Moore, S.C., Madison, and oral argument by Amy B.F. Tutwiler and Patricia J. Epstein.

For the defendant-respondent, Amy Crubaugh-Schrank, there was a brief (in the court of appeals) by Rick J. Mundt and Winner, Wixson & Pernitz, Madison, and oral argument by Rick J. Mundt.

An amicus curiae brief was filed by Carl A. Sinderbrand, Timothy M. Barber, and Axley Brynelson, LLP, Madison, on behalf of the Wisconsin Builders Association.

An amicus curiae brief was filed by Paul G. Kent and Anderson & Kent, S.C., Madison, on behalf of the Wisconsin REALTORS® Association.


¶ 1 ANNETTE KINGSLAND ZIEGLER, J.

This case is before the court on certification by the court of appeals pursuant to Wis. Stat. § (Rule) 809.61 (2007-08).1 Glen and Louann Hocking (hereinafter, "the Hockings") brought an action against the City of Dodgeville and a number of individuals for negligence, unlawful taking, and creating and maintaining a nuisance. Relevant to this appeal is the allegation of negligent maintenance of...

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