2010AP1758 Bollant Farms Inc., et al vs. Scenic Rivers Energy Cooperative and Federated Rural Electric Insurance Exchange

Torts
Nuisance; damages

Scenic Rivers Energy Cooperative and its liability carrier, Federated Rural Electric Insurance Exchange (collectively Scenic Rivers), appeal from that part of the judgment against them in favor of Steven Bollant, Delores Bollant and Thomas Bollant (collectively Bollants) for private nuisance damages in the amount of $1,250,000.00. Scenic Rivers challenges the Bollants’ right to recover damages for private nuisance, including damages for annoyance and inconvenience, because it claims the Bollants lacked the necessary possessory interest in the affected property to bring the action. Scenic Rivers also challenges the Bollants’ right to nuisance damages for annoyance and inconvenience on the basis that those damages are duplicative of other damages awarded against it. We disagree on both issues and affirm.

Not recommended for publication in the official reports.

2010AP1758 Bollant Farms Inc., et al vs. Scenic Rivers Energy Cooperative and Federated Rural Electric Insurance Exchange

Dist IV, Grant County, Van De Hey, J., Sherman, J.

Attorneys: For Appellant: Vogel, Denis R., Madison; Peranteau, Mary Beth, Madison; For Respondent: Lawrence, Scott, St. Nanzianz; Stombaugh, Christopher D., Platteville

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