Property – Time-barred

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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.

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.