Legal Opinion · Dissent
Bostco LLC v. Milwaukee Metropolitan Sewerage District
Wisconsin Supreme Court
Decided July 18, 2013No. 2007AP001440Published
1DissentShirley S. Abrahamson, C.J.
¶ 120. {dissenting). I conclude that the Milwaukee Metropolitan Sewerage District (the District or MMSD) is immune from suit for any monetary damages or injunctive relief in the present case. The District is immune because the *629Deep Tunnel is being operated and maintained in the manner in which it was designed. Neither Bostco nor the majority opinion has shown otherwise.
¶ 121. Decisions regarding the design of a municipal improvement project are, according to case law, legislative, discretionary decisions, the type of core decisions for which government entities are immune from suit.1…
2Cases cited58 opinions
- Railroad Comm'n of Tex. v. Pullman Co.Supreme Court of the United States · 1941
- Weinberger v. Romero-BarceloSupreme Court of the United States · 1982
- Holytz v. City of MilwaukeeWisconsin Supreme Court · 1962
- Lister v. Board of Regents of the University of Wisconsin SystemWisconsin Supreme Court · 1976
- Harrisonville v. W. S. Dickey Clay Manufacturing Co.Supreme Court of the United States · 1933
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