Van v. Town of Manitowoc Rapids

This appeal concerns sec. 88.87(2), Stats., which imposes a duty on governmental entities to refrain from impeding the general flow of water in an unreasonable manner when constructing or maintaining highways or railroad beds. The statute creates a remedy for property owners who claim damages for violating this statute and establishes certain procedures to be followed in making a claim. Because Carl and Judith Van did not follow these procedures prior to commencing a lawsuit, the trial court granted summary judgment against them. We hold that these procedures are a mandatory condition…