BOSTCO v. MILWAUKEE METROPOLITAN SEWERAGE

Nos. 2007AP221, 2007AP1440.

800 N.W.2d 518 (2011)

2011 WI App 76

BOSTCO LLC and Parisian, Inc., Plaintiffs-Appellants-Cross-Respondents, v. MILWAUKEE METROPOLITAN SEWERAGE DISTRICT, Defendant-Respondent-Cross-Appellant.

Court of Appeals of Wisconsin.

Opinion Filed May 24, 2011.


Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants-cross-respondents, the cause was submitted on the briefs of Mark A Cameli , Rebecca Frihart Kennedy , Lisa Nester Kass and Joseph W. Voiland of Reinhart Boerner Van Deuren S.C., of Milwaukee, WI. There was oral argument by David E. Frank.

On behalf of the defendant-respondentcross-appellant, the cause was submitted on the brief of G. Michael Halfenger and William J. Katt of Foley & Lardner LLP, of Milwaukee, WI; Kevin J. Lyons and Matthew R. McClean of Davis & Kuelthau, S.C., of Milwaukee, WI; and Michael J. McCabe , Susan B. Anthony and James H. Petersen of Milwaukee Metropolitan Sewerage District, of Milwaukee, WI. There was oral argument by G. Michael Halfenger.

Amicus Curiae brief was filed by Claire Silverman and Daniel Olson of League of Wisconsin Municipalities, of Madison, WI.

Before FINE, BRENNAN and ANDERSON, JJ.


BRENNAN, J.

¶ 1 Bostco LLC and Parisian, Inc. (collectively "Bostco" unless otherwise noted) brought this lawsuit against the Milwaukee Metropolitan Sewerage District ("the District") for damages sustained to the Bostco-owned Boston Store building in downtown Milwaukee. Bostco alleged that the District's negligent maintenance and operation of the Deep Tunnel—a nineteen mile, thirty-two foot diameter, sewage...

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