Sunnyside Feed Co., Inc. v. City of Portage

The City of Portage (City) and its insurer, Employers Insurance of Wausau (Employers Insurance), appeal from an order denying their post-verdict motion to dismiss Sunnyside Feed Company's (Sunnyside) nuisance claim. The City and Employers Insurance contend that the trial court erred in concluding that the nuisance was continuing rather than permanent, and that Sunnyside's claim was time-barred under the six-year statute of limitations. We disagree and conclude that because the nuisance resulted in ongoing harm that could have been abated, it is a continuing nuisance. We therefore affirm that…