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01-2792 Cops v. City of Kaukauna, et al.

By: dmc-admin//August 12, 2002//

01-2792 Cops v. City of Kaukauna, et al.

By: dmc-admin//August 12, 2002//

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Henry and Geradus Cops appeal a summary judgment in favor of the City of Kaukauna and Wausau Underwriters Insurance Company. They also appeal the dismissal of their inverse condemnation claims against the City and the Wisconsin Department of Transportation. The Copses brought claims against Kaukauna, its insurer Wausau, and the DOT for negligence, nuisance and inverse condemnation. The Copses alleged flooding in the basement of their building resulted from the improper reconstruction of a bridge in Kaukauna by the City and the DOT. The DOT moved to dismiss the inverse condemnation claim after the Copses voluntarily dismissed their other claims against the DOT. In addition, the City and Wausau moved for summary judgment on the claims against them. The court dismissed the inverse condemnation claims against the City and the DOT, concluding the Copses’ complaint failed to state a claim upon which relief could be granted. The court also granted the City summary judgment on the nuisance and negligence claims. We determine the Copses’ complaint states a claim for inverse condemnation against the DOT and the City. In addition, we conclude the City is entitled to summary judgment on all of the claims.

Accordingly, we affirm the trial court’s grant of summary judgment, reverse its dismissal of the inverse condemnation claim against the DOT and remand for further proceedings.

Not recommended for publication in the official reports.

Dist III, Outagamie County, Des Jardins, J., Cane, C.J.

Attorneys:

For Appellant: Stephen C. Dozer, Kaukauna

For Respondent: Wayne R. Luck, Appleton; Paul Vanberkel, Kaukauna

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