01-1741 Derks v. Town of Seven Mile Creek, et al.

By: dmc-admin//April 29, 2002//

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Robert and Joanne Derks appeal a judgment which directed a verdict against them on their claims for trespass, negligent destruction of property, and a violation of their rights as landowners abutting a public highway under Wis. Stat. sec. 80.47 (1997-98). The trial court concluded that the Derks had failed to present sufficient evidence on damages.

For the reasons discussed below, we disagree and therefore reverse and remand for a new trial.

This opinion will not be published.

Dist IV, Juneau County, Brady, J., Per Curiam

Attorneys:

For Appellant: William R. Steinmetz, Milwaukee; Catherine E. Levinson, Milwaukee

For Respondent: Michael J. Cieslewicz, Milwaukee; Matthew W. Moran, Milwaukee

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