E-L ENTERS. v. MILWAUKEE METRO. SEWERAGE

No. 2008AP921.

785 N.W.2d 409 (2010)

2010 WI 58

E-L ENTERPRISES, INC., Plaintiff-Respondent, v. MILWAUKEE METROPOLITAN SEWERAGE DISTRICT, Defendant-Appellant-Petitioner.

Supreme Court of Wisconsin.

Decided July 2, 2010.


Attorney(s) appearing for the Case

For the defendant-appellant-petitioner there were briefs by G. Michael Halfenger, William J. Katt, Jr., and Foley & Lardner LLP, Milwaukee, and Michael J. McCabe, James H. Petersen, Lauri Ann Rollings, and the Milwaukee Metropolitan Sewerage District, Milwaukee, and oral argument by G. Michael Halfenger.

For the plaintiff-respondent there were briefs by Jerome R. Kerkman, Susan A. Cerbins, Joseph R. Cincotta, and Kerkman & Dunn, Milwaukee, and oral argument by Jerome R. Kerkman.

An amicus curiae brief was filed by Daniel M. Olson and the League of Wisconsin Municipalities, Madison, on behalf of the League of Wisconsin Municipalities.


¶ 1. ANNETTE KINGSLAND ZIEGLER, J.

This is a review of a published decision of the court of appeals,1 which affirmed the judgment entered on a jury verdict by Milwaukee County Circuit Court, Richard J. Sankovitz, Judge. The jury found that when constructing a sewer, the Milwaukee Metropolitan Sewerage District (the Sewerage District) unreasonably removed groundwater from the property of E-L Enterprises, Inc. (E-L), which caused E...

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