Edward G. Pruim v. Town Ashford

BROWN, J. The two issues in this case relate to sec. 88.87, Stats., the statute addressing a property owners right to sue the government for flooding or water damage due to faulty construction or repair of highways. The first issue is whether the statute preempts claims for relief other than those stated in the statute. We hold that it does. The second issue is whether the ninety-day notice provision means ninety days from the date the damage is first discovered or whether the ninety-day period begins every day that the damage continues. We hold that it is ninety days from the date first discovered.