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CIANCIOLA v. MILWAUKEE METRO. SEWERAGE

No. 2010AP87.

796 N.W.2d 806 (2011)

2011 WI App 35

CIANCIOLA, LLP, Plaintiff-Respondent, v. MILWAUKEE METROPOLITAN SEWERAGE DISTRICT, Defendant-Appellant.

Court of Appeals of Wisconsin.

Opinion Filed February 1, 2011.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Michael J. McCabe , James H. Petersen and Katherine E. Lazarski of Milwaukee.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Brent D. Nistler and Michael F. Tuchalski of Nistler Law Office, S.C. of Brookfield.

Before CURLEY, P.J., FINE and KESSLER, JJ.

KESSLER, J.

¶ 1 The Milwaukee Metropolitan Sewerage District ("MMSD") appeals from a judgment awarding damages to Cianciola, LLP ("Cianciola") caused by the operation and maintenance of a deep tunnel that runs under Cianciola's property. MMSD also appeals from an order of the trial court denying its motion for reconsideration. We affirm.1

BACKGROUND

¶ 2 Cianciola, created on June 5, 1996, by Frank and Shirley...

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