Legal Opinion · Concurrence

Bostco LLC v. Milwaukee Metropolitan Sewerage District

Wisconsin Supreme Court

Decided July 18, 2013No. 2007AP001440Published

1ConcurrenceMichael J. Gableman, J.

¶ 103. {concurring). I join the majority opinion in toto as I believe it reaches the correct result under our existing immunity law. I write separately, however, to express my dismay that this court continues to apply a series of doctrines that have no connection to the text of the municipal immunity statute (Wis. Stat. § 893.80) or our decision to abrogate all governmental immunity in Holytz v. City of Milwaukee, 17 Wis. 2d 26, 115 N.W.2d 618 (1962). Rather than utilizing the nuisance approach adopted by the majority, I would instead do away with the ministerial duty and known danger…

2Cases cited49 opinions

  1. Ross v. Consumers Power Co.Michigan Supreme Court · 1985
  2. Holytz v. City of MilwaukeeWisconsin Supreme Court · 1962
  3. Fowler v. RobertsSupreme Court of Louisiana · 1990
  4. Lister v. Board of Regents of the University of Wisconsin SystemWisconsin Supreme Court · 1976
  5. Whitney v. City of WorcesterMassachusetts Supreme Judicial Court · 1977

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