Chapter 4 Updates: Diffused Surface Water and Drainage
§ 4.01b Municipal Liability Issues, p. 116
In Showers Appraisals LLC v. Musson Bros., 2013 WI 79, ___Wis. 2d ___, 835 N.W. 2d 226, the
court discussed whether a contractor was immune from a claim for flood damage arising out of a sewer removal and installation project for the Wisconsin Department of Transportation. The court found that immunity did not apply where the contractor had substantial independent decision making authority and that the negligent acts alleged arose from negligent performance of the project rather than project design.
In Bostco LLC v. Milwaukee Metro. Sewage Dist., 2013 WI 78, ___ Wis. 2d ___, 835 N.W. 2d 160, the court held that Milwaukee Metropolitan Sewerage District was not entitled to immunity for damages from improper maintenance of its “Deep Tunnel” project because maintenance is not a legislative, quasi-legislative or judicial or quasi-judicial function.
§ 4.02b(2) Dissolution, Withdrawal and Suspension p. 120
2015 Wis. Act 55 contained provisions effectively eliminating the use of suspensions. The suspension procedures under Wis. Stat. § 88.81 were repealed for prospective suspensions. For districts that were in suspension as of July 14, 2015, procedures for reinstatment or dissolution are governed by a new transition section 88.815.
§ 4.01b Municipal Liability Issues, p. 116
In Showers Appraisals LLC v. Musson Bros., 2013 WI 79, ___Wis. 2d ___, 835 N.W. 2d 226, the
court discussed whether a contractor was immune from a claim for flood damage arising out of a sewer removal and installation project for the Wisconsin Department of Transportation. The court found that immunity did not apply where the contractor had substantial independent decision making authority and that the negligent acts alleged arose from negligent performance of the project rather than project design.
In Bostco LLC v. Milwaukee Metro. Sewage Dist., 2013 WI 78, ___ Wis. 2d ___, 835 N.W. 2d 160, the court held that Milwaukee Metropolitan Sewerage District was not entitled to immunity for damages from improper maintenance of its “Deep Tunnel” project because maintenance is not a legislative, quasi-legislative or judicial or quasi-judicial function.
§ 4.02b(2) Dissolution, Withdrawal and Suspension p. 120
2015 Wis. Act 55 contained provisions effectively eliminating the use of suspensions. The suspension procedures under Wis. Stat. § 88.81 were repealed for prospective suspensions. For districts that were in suspension as of July 14, 2015, procedures for reinstatment or dissolution are governed by a new transition section 88.815.
