Legal Question in Real Estate Law in Wisconsin
I own a commercial property zoned m-3. 2 drainaige ditch and one swail surround me.
At purchase in the covenants it is stated that any ditch or drain will be free of standing water. Since construction there has been a HWY improvement and additional improvements in the business park has not allowed the areas to dry. It has increased the flow of water. This is a 2.12 acre piece of land. Now the water that flows into the ditches just stay there. The survey said I only had 8 inches of grade to deal with , pass the buck owner of park says it is now towns problem. The town says it is county problem. With the water that sits has run under my building and had a 2 inch crack along the drywall in office. Water is seeping through the asphalt. The approach for the dumpster was reinforced when installed, now have 18' ruts on approach. The asphalt company drilled 3 holes to find problem and discovered water flowing under driveway. Who should I sue 1, 2 or all? I would prefer a commission attorney. 18,000 sq. ft. of asphalt is not cheap.
Thank you in advance.
1 Answer from Attorneys
The answer to your question is much more complicated that could be done in a question and answer forum like this. What you need to do is see one or more qualified attorneys who deal in municipal and zoning law. There are not a lot of them around, but enough to get a good opinion. We have a couple in our firm. Most firms will provide the first half hour free. I'd suggest you call some firms and inquire about a half hour free and see how you feel about the attorneys you meet and whether you feel they could handle your problem and also discuss on what fee basis they'd be willing to operate. Get it in writing.
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