Court Rules the Village of Lake Delton is not Liable for 2008 House Damages Caused by Flooding

The Village of Lake Delton is not liable for damages to five houses and nine lots caused by massive flooding in June 2008, the Wisconsin Court of Appeals ruled Thursday.  The properties were part of a subdivision along the 267-acre manmade lake. The homes were destroyed or swept away when the flooding caused a blowout in the earthen bank that formed the shore of Lake Delton.  

The affected property owners received $2.3 million from the state in 2009 for condemnation rights to the land, where the lakeshore and a county road along it were then rebuilt. But later that year, the property owners sued the village for $1.3 million, claiming that was the supposed discrepancy between their compensation and the properties’ fair market value.  In their suit, the property owners claimed the village's decision and actions consituted a "taking".  

The appellate court's decision, authored by District 4 Presiding Judge Brian Blanchard, upheld the 2013 ruling by Sauk County Circuit Judge James Evenson.  

The village's attorney, Ted Waskowski a partner a Stafford Rosenbaum, said "We think the village made herculean efforts during the period of the remarkable massive storm, and we think the court recognized that."  Additional information about the ruling can be read in the Wisconsin Law Journal.

Ted Waskowski's practice focuses primarily on litigation. He has over 30 years of trial experience in civil litigation, including tort and insurance matters, and business disputes. He regularly appears in both state and federal courts. Ted has represented dozens of Wisconsin municipalities in hundreds of litigated matters in the past 30 years. Many of these disputes have been complex and raised novel questions of law.

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