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  1. #1
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    Sep 2020
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    Default Retaining Wall Repair in Village of Butternut Wi

    My question involves a consumer law issue in the State of: Wisconsin
    I am the owner of a property with a retaining wall in Butternut Wisconsin, which abuts the village sidewalk. It needs significant repairs. I've recently read that due to the right of lateral support that the entity that created the need for the wall, i.e. the village in this case, to install sidewalks back in the day, is responsible in perpetuity for its repair. I want to make sure I'm understanding this correctly. Thank you.

  2. #2
    Join Date
    Mar 2013
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    18,340

    Default Re: Retaining Wall Repair in Village of Butternut Wi

    Then you'll want to talk to a local attorney.

  3. #3
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    Sep 2020
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    Default Re: Retaining Wall Repair in Village of Butternut Wi

    Quote Quoting adjusterjack
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    Then you'll want to talk to a local attorney.
    Thank you.

  4. #4
    Join Date
    Nov 2013
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    7,056

    Default Re: Retaining Wall Repair in Village of Butternut Wi

    Quote Quoting lrsenne07
    View Post
    My question involves a consumer law issue in the State of: Wisconsin
    I am the owner of a property with a retaining wall in Butternut Wisconsin, which abuts the village sidewalk. It needs significant repairs. I've recently read that due to the right of lateral support that the entity that created the need for the wall, i.e. the village in this case, to install sidewalks back in the day, is responsible in perpetuity for its repair. I want to make sure I'm understanding this correctly. Thank you.
    Your understanding of the doctrine of lateral support is generally correct and case law in almost every state upholds that doctrine. However, there have been cases recently where a public jurisdiction that created the need for the wall are using local ordinances to force property owners to repair the walls if they are on private property and they pose a public nuisance. Some appellate courts are siding with the local jurisdictions.

    Your town's ordinance:

    13.01 PUBLIC NUISANCES PROHIBITED.
    No person shall erect, contrive, cause, continue, maintain or permit to exist any public nuisance within the Village of Butternut.
    http://www.butternutwi.com/PDF/ORDINANCE%20BOOK.pdf

    13.02 DEFINITIONS.
    (1) Public Nuisance. A public nuisance is a thing, act, occupation, condition or use of property which shall continue for such length of time as to: (a) Substantially annoy, injure or endanger the comfort, health, repose or safety of the public; (b) In any way render the public insecure in life or in the sue of property; (c) Greatly offend the public morals or decency; (d) Unlawfully and substantially interfere with, obstruct or tend to obstruct or render dangerous for passage any street, alley,highway, navigable body of water or other public way or the use of public property.
    I agree that you need to consult with a local attorney that practices land use law but just wanted to give you a heads up.

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