Yacht Club at Sister Bay Condominium Ass’n, Inc. v. Village of Sister BayAnnotate this Case
The Supreme Court affirmed in part and reversed in part the decision of the court of appeals affirming the circuit court’s order dismissing Petitioner’s complaint against the Village of Sister Bay alleging that some summer concerts held in a public park were a public and private nuisance, holding (1) the court of appeals erred in failing to view each concert as a new nuisance prompting a new notice of injury period; but (2) Petitioner’s written notice of injury was not timely filed.
On appeal, Petitioner asserted that it should not be barred from bringing future nuisance actions against the Village because it failed to complain within 120 days as required by Wis. Stat. 898.80(1d)(a) about a noise nuisance from the date the first concert was held in 2014. The Supreme Court held (1) contrary to the decision of the court of appeals, each concert alleged to be a nuisance constitutes a separate event for purposes of filing a written notice of injury; but (2) Petitioner’s written notice of injury, which was not served within 120 days after the date of the last concert alleged to be a nuisance, was not timely filed.