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Legal Opinion

(1973)

Wisconsin Attorney General Reports

Decided December 4, 1973Published

1Opinion of the Court

JOHN C. ZINOS, Commissioner, Department of Industry, Labor andHuman Relations

You have requested my opinion concerning a proposed addition to the Wisconsin Administrative Code. The addition (hereafter "proposed rule") would be section Ind 53.27 and would provide as follows:

"PROTECTION OF ADJOINING PROPERTY. (1) Any person making or causing an excavation to be made to a depth of 12 feet or less, below the grade, shall protect the excavation so that the soil of adjoining property will not cave in or settle, but shall not be liable for the expense of underpinning or extending the foundation of…

2Cases cited15 opinions

  1. Presser v. Siesel Construction Co.Wisconsin Supreme Court · 1963
  2. Josam Manufacturing Co. v. State Board of HealthWisconsin Supreme Court · 1965
  3. State ex rel. Husting v. Board of State CanvassersWisconsin Supreme Court · 1914
  4. Grube v. MothsWisconsin Supreme Court · 1972
  5. Baker v. McDel Corp.Wisconsin Supreme Court · 1971

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