State v. Michels Pipeline Construction Book Reviews

State v. Michels Pipeline Construction by Supreme Court of Wisconsin Book Summary

This case involves the unrestrained use of percolating ground water to the alleged detriment of owners of neighboring land. In 1972 Michels Pipeline Construction, Inc., contracted with the Metropolitan Sewerage Commission of Milwaukee county to install a 60-inchdiameter sewer in the Root River Parkway, Greenfield, Wisconsin. The plaintiff, state of Wisconsin, in its complaint here alleged that Milwaukee county was the owner of the land under which the sewer was being constructed and that the county had granted a 20-foot construction easement to the Metropolitan Sewerage Commission of the county of Milwaukee (the sewerage commission, Michels, and Milwaukee county were all joined as defendants in this action). The easement was made for the specific purpose of installing the sewer. The complaint further alleged that the defendants knew that the installation of the sewer would require the dewatering of the soil and that such dewatering would lower the ground water table from which area residents drew water from private wells. The complaint alleged that in September of 1972, the defendants began pumping water from wells in the city of Greenfield at a rate of 5,500 gallons per minute in order to dewater the soil to a depth sufficient to permit tunneling for the sewer, approximately 40 feet beneath the ground surface. The complaint alleged that numerous citizens were caused great hardship by the drying up of wells, decreasing capacity and water quality in others, and by the cracking of foundations, basement walls and driveways, due to subsidence of the soil. The state asked that the defendants be ordered to conduct construction of the sewer so as not to create a nuisance and to take action to eliminate or ameliorate the hardship and adverse effect imposed upon state citizens.

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State v. Michels Pipeline Construction (Supreme Court of Wisconsin) Book Reviews 2024

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