01-2567 Bill's Distributing, Ltd. v. Cormican et al

By: dmc-admin//May 13, 2002//

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“This escalating liability for greater culpability builds on the general right to sue for timber trespass and defines new rights, defenses and obligations under the statute. We therefore conclude that the amended statute is substantively different.”

However, plaintiff correctly notes that sec. 26.09 is not his exclusive remedy. He can also pursue common-law trespass, nuisance and negligence claims.

“We therefore reverse that portion of the order disregarding the other remedies available to Bill’s and effectively dismissing its common-law claims.”

Order affirmed in part, reversed in part and remanded.

Recommended for publication in the official reports.

Dist III, Dunn County, Smeltzer, J., Hoover, P.J.

Attorneys:

For Appellant: Peter M. Reinhardt, Menomonie

For Respondent: Richard J. Kelly, Eau Claire; Michael J. Happe, Eau Claire

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