Inverse Condemnation-Negligence

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WI Court of Appeals – District III

Case Name: Carl A. Ricciardi v. Town of Lake

Case No.: 2022AP001567

Officials: Stark, P.J.

Focus: Inverse Condemnation-Negligence

Carl A. and Phyllis Ricciardi seek damages against the Town of Lake, under theories of negligence, private nuisance, and inverse condemnation for flooding on their property that they claim was caused by the Town’s faulty repair or reconstruction of a road abutting their property. The Ricciardis appeal from the circuit court’s order granting summary judgment to the Town and dismissing their lawsuit with prejudice.

The circuit court concluded that the Ricciardis’ claims were barred by WIS. STAT. § 88.87(2) (2021-22),2 which provides the exclusive remedy for claims against municipalities resulting from flooding allegedly caused by the construction or repair of a highway. Under § 88.87(2)(c), a property owner damaged by the construction or maintenance of a highway or railroad grade must file a notice of claim “with the appropriate governmental agency or railroad company” “within 3 years after the alleged damage occurred” as a prerequisite to “bring[ing] an action in inverse condemnation under [WIS. STAT.] ch. 32 or su[ing] for such other relief, other than damages, as may be just and equitable.”

The Court of Appeals agreed with the lower court’s interpretation. It held that § 88.87 preempts claims for relief other than those stated in the statute, thus barring the Ricciardis’ common law claims. The appellate court also agreed that the Ricciardis’ inverse condemnation claim was untimely because they did not own the property within three years of the last relevant town action (culvert installation in 2011), and thus could not comply with the statute.

Affirmed.

Decided 12/05/23

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