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Wisconsin high court throws out damages in sewer case

Madison (AP) — The Wisconsin Supreme Court has ruled that the Milwaukee Metropolitan Sewerage District does not have to pay a business for damages to its building caused by the removal of groundwater.

The court voted 6-1 to throw out a $624,000 award for E-L Enterprises Inc., which argued MMSD’s construction of a sewer line beneath its building caused extensive structural damage.

Justice Annette Ziegler said MMSD’s actions did not prevent E-L from using its building. She said the company suffered “mere consequential damages to property resulting from government action” and is not eligible for compensation under Wisconsin law.

Dissenting Justice David Prosser said the “ruling not only overturns a reasonable jury verdict but also deprives E-L of any meaningful remedy for its injury.”

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