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BRANDENBURG v. BRIARWOOD FORESTRY SERVICES

No. 2012AP2085.

847 N.W.2d 395 (2014)

2014 WI 37

Kelli BRANDENBURG and Bruce Brandenburg, Plaintiffs-Appellants v. BRIARWOOD FORESTRY SERVICES, LLC and Jeffrey L. Steinke, Defendants, McMillan-Warner Mutual Insurance Company and Robert Luethi, Defendants-Respondents-Petitioners.

Supreme Court of Wisconsin.

Decided June 12, 2014.

Attorney(s) appearing for the Case

For the defendants-respondents-petitioners, the cause was argued by Thomas Terwilliger , with whom on the briefs was Timothy J. Burnett and Terwilliger, Wakeen, Piehler & Conway, S.C., Wausau.

For the plaintiffs-appellants, the cause was argued by Dan Arndt , with whom the brief was Emily Ruud and Arndt, Buswell, & Thorn S.C., Sparta.

N. PATRICK CROOKS, J.

¶ 1 The question we address in this case is whether Robert Luethi, who hired an independent contractor to spray herbicide on his property, may be held liable to his neighbors, the Brandenburgs, for the extensive, permanent damage they claim the spraying caused to 79 trees on adjoining property. Bruce Brandenburg, who owned property at the top of a steep slope above Luethi's pasture, claimed damage to all eight trees on his land; Kelli Brandenburg...

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