Legal Opinion · Dissent

E-L Enterprises, Inc. v. Milwaukee Metropolitan Sewerage District

Wisconsin Supreme Court

Decided July 2, 2010No. 2008AP921Published

1Dissent

*118DAVID T. PROSSER, J.

¶ 48. (dissenting). At trial, a jury found that E-L Enterprises, Inc. (E-L) suffered $309,388 in damages caused by the Metropolitan Milwaukee Sewerage District (MMSD). The majority does not dispute the accuracy of these findings. Rather, it concludes that E-L may not collect the damages awarded because they are "consequential damages" that are not available to an injured party under Wisconsin takings law.

¶ 49. Put in context, this ruling not only overturns a reasonable jury verdict but also deprives E-L of any meaningful remedy for its injury. This case, then, is important…

2Cases cited23 opinions

  1. Armstrong v. United StatesSupreme Court of the United States · 1960
  2. Dolan v. City of TigardSupreme Court of the United States · 1994
  3. United States v. ClarkeSupreme Court of the United States · 1980
  4. Lister v. Board of Regents of the University of Wisconsin SystemWisconsin Supreme Court · 1976
  5. Nevins v. City of PeoriaIllinois Supreme Court · 1866

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