By: Derek Hawkins//January 22, 2018//
WI Court of Appeals – District II
Case Name: Otter Creek Farms, LLC, et al. v. Waukesha County
Case No.: 2014AP2124; 2016AP1953
Officials: Neubauer, C.J., Reilly, P.J., and Hagedorn, J.
Focus: Property – Time-barred
This case involves WIS. STAT. § 88.87 (2015-16), which addresses a property owner’s right to sue a governmental entity for flooding or water damage due to allegedly faulty roadway construction or maintenance. Otter Creek Farms, LLC and its owner, Gary W. Thompson (collectively, Thompson), appeal from a 2014 order dismissing Thompson’s case against Waukesha County and from a 2016 order granting summary judgment in favor of the County. Thompson alleged that a decades-old reconstruction of a county road (Lannon Road) without adequate ditches or culverts has resulted in significant flooding of his property. The circuit courts concluded that Thompson’s actions against the County are time-barred under § 88.87(2)(c). As § 88.87 is the exclusive procedure for pursuing such actions and Thompson’s suits did not meet the statutory requirements, we affirm the orders.