Kohlbeck v. Reliance Const. Co., Inc.
Court of Appeals of Wisconsin
1Opinion of the CourtDykman, J.
¶ 1. Jill and Jeffrey Kohlbeck sued the Wisconsin Department of Transportation (DOT) and Reliance Construction Company, Inc., alleging that a highway construction project supervised by DOT and performed by Reliance damaged their property. DOT filed a motion to dismiss for failure to state a claim. The circuit court granted the motion, concluding alternatively that the Kohlbecks could not state a claim under Wxs. Stat. § 88.87 (1999-2000) 1 because they had failed to ask for equitable relief in their complaint and because, regardless of the sufficiency of their complaint, they had an adequate…
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