Legal Opinion
Welch v. City of Appleton
Court of Appeals of Wisconsin
Decided May 28, 2003No. 02-3259-FTPublishedCited by 8 opinions
1Opinion of the Court
HOOVER, EJ.
¶ 1. James and Linda Welch appeal a summary judgment granted to the City of Appleton. The trial court concluded that the City was entitled to governmental immunity under Wis. Stat. § 893.80(4) after an overflowing sewer caused the Welches' home to collapse to a point requiring total demolition. The Welches contend that the City created a nuisance and was negligent, breaching its ministerial duty to maintain the sewer. Both of the Welches' theories, if correct, preclude applying the immunity doctrine. The Welches also claim there are genuine issues of material fact to be resolved.…
2Cases cited16 opinions
- Green Spring Farms v. KerstenWisconsin Supreme Court · 1987
- Lister v. Board of Regents of the University of Wisconsin SystemWisconsin Supreme Court · 1976
- Charolais Breeding Ranches, Ltd. v. FPC Securities Corp.Court of Appeals of Wisconsin · 1979
- C.L. v. OlsonWisconsin Supreme Court · 1988
- Kimps v. HillWisconsin Supreme Court · 1996
11 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Bostco LLC v. Milwaukee Metropolitan Sewerage DistrictWisconsin Supreme Court · 2013
- Milwaukee Metropolitan Sewerage District v. City of MilwaukeeWisconsin Supreme Court · 2005
- Bettinger v. City of SpringfieldMissouri Court of Appeals · 2005
- Butler v. Advanced Drainage Systems, Inc.Wisconsin Supreme Court · 2005
- Bostco LLC v. Milwaukee Metropolitan Sewerage DistrictWisconsin Supreme Court · 2013
3 more not listed; retrieve them via the Exa API.