01-1952 Gasienica v. Richman

By: dmc-admin//March 4, 2002//

By: dmc-admin//March 4, 2002//

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John Gasienica filed a small claims action alleging that a neighboring property owner, Neil Richman, failed to adequately maintain a ditch that carries surface water run-off in an area near the boundary of the two properties. Water run-off allegedly caused flooding on Gasienica’s property because the ditch has filled with debris. The circuit court granted Richman’s motion to dismiss on the bases of issue and claim preclusion.

We affirm the circuit court’s order of dismissal.

This opinion will not be published.

Dist IV, Grant County, Kirchman, J., Roggensack, J.

Attorneys:

For Appellant: John P. Gasienica, Platteville

For Respondent: Lance A. McNaughton, Shullsburg

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