STATE OF WISCONSIN
CIRCUIT COURT
WASHINGTON COUNTY
Chad L. & Stephanie J. Altschafl 2985 Crosswind Trail Jackson, WI 53037, Case No. Scott W. & Heather D. Anders 3095 Center Road Cedarburg, WI 53012,
Case Code: 30107 Amount Claimed is Greater than the Amount Under s. 799.01 (1) (d).
Martin D. & Michelle Ball TOD 2459 Golden Harvest Lane Jackson, WI 53037, Eric A. & Jodi L. Baumann 2042 Hummingbird Drive Jackson, WI 53037, Andrew J. & Kathy A. Beck 2298 Brookside Drive Jackson, WI 53037, Kevin A. Behm 2097 W. Mill Road Jackson, WI 53037, Lee & Roxanne Bernard 1665 Sherman Road Jackson, WI 53037, Clint A. Bindrich & Melissa M. Dlobik 1386 Hacienda Lane Cedarburg, WI 53012, Brian J. & Stacey R. Birchbauer 2430 Crosswind Trail Jackson, WI 53037, Norman R. & Judy Block 2025 Western Avenue Jackson, WI 53037,
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Complaint
James & Donna Bournelis 1971 Western Avenue Jackson, WI 53037, Timothy & Dawn Boppre Boppre Trust 3282 Division Road Jackson, WI 53037, Matthew R. & Jessica L. Braeger 1986 Sherman Road Jackson, WI 53037, Robert A. & Susan J. Brandt 1750 Western Avenue Jackson, WI 53037, Patrick Sr. & Susan M. Brock 2761 Maple Road Jackson, WI 53037, Roman & Jody Brzezinski (f/k/a Jody LaSage) 1960 Hummingbird Drive Jackson, WI 53037, Michael A. & Laurie M. Buck 1790 Spring Valley Road Jackson, WI 53037, James E. & Janice L. Buetow 3260 Center Road Cedarburg, WI 53012, Kevin M. & Mary K. Bukovic 2869 Mockingbird Drive Jackson, WI 53037, Doyle F. Busse 2043 Hummingbird Drive Jackson, WI 53037, Robert D. & Kathryn J. Campbell 3134 Wildflower Lane Jackson, WI 53037, 2
Complaint
James R. & Kelly K. Carr (a/k/a Karen K. Carr) 3151 Wildflower Lane Jackson, WI 53037, James J. & Kathleen M. Carranza 1436 Fiesta Court Cedarburg, WI 53012, Mary C. Ciha 2004 Western Avenue Jackson, WI 53037, John C. & Dianna M. Creed N140 W18030 Cedar Lane Richfield, WI 53076, Timothy R. & Patricia A. Dano 1957 Hummingbird Drive Jackson, WI 53037, Michael J. Dueno 1448 Fiesta Court Cedarburg, WI 53012, Richard A. & Carrie J. Dzik 1969 Hummingbird Drive Jackson, WI 53037, David D. & Amy J. Ebsen 3181 Jackson Drive Jackson, WI 53037, Glenn E. & Cynthia A. Eichstaedt 1344 Geiger Court Cedarburg, WI 53012, Lance & Sara Fahey (a/k/a Sara J. Baker) 2031 Hummingbird Drive Jackson, WI 53037, Jeffrey F. & Rebecca Falbo 2857 Mockingbird Lane Jackson, WI 53037
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Complaint
Mark P. & Tammy L. Fitzgerald 1961 Western Avenue Jackson, WI 53037, Daniel J. & Vicki G. Flanders 1730 Western Avenue Jackson, WI 53037, John Fons, Personal Representative for Estate of Jeanne E. Fons and Power of Attorney for Eugene J. Fons 8028 North Poplar Drive Fox Point, WI 53217, Loyd N. & Joanne Fulton 2005 Western Avenue Jackson, WI 53037, Paul & Cynthia Gagan 1414 Fiesta Court Cedarburg, WI 53012, Jordan A. Gallitz & Karen J. Utech 3152 Wildflower Lane Jackson, WI 53037, Brian Goniu Kena Zimmerman 3116 Wildflower Lane Jackson, WI 53037, Gary L. & Rhea Jane Greseth 2864 Mockingbird Drive Jackson, WI 53037, Hilmer Groth & Gerald Groth Delwyn Groth Trust 3071 Center Road Jackson, WI 53037, Gerald & Karen Groth 3071 Center Road Jackson, WI 53037, Bradley & Margaret Gustafson 4
Complaint
1967 Spring Valley Road Jackson, WI 53037, James M. & Barbara Hanke 1911 Hwy 60 Jackson, WI 53037, Anna M. Hardt Revocable Living Trust 2540 Western Avenue Jackson, WI 53037, Gregory R. & Carla J. Harry 3255 Maple Road Jackson, WI 53037, Mark T. & Kira L. Haslam 1040 Spring Valley Road Jackson, WI 53037, Gary A. Heckendorf Holly Gray-Heckendorf 3060 Maple Road Jackson, WI 53037, Raymond A. & Eulora Heckendorf LE Kim A. Powers, et al. 2011 W. Mill Road Jackson, WI 53037, Melvin R. & Eunice Heckendorft 1997 Sherman Road Jackson, WI 53037, Todd F. & Karen S. Heer 1403 Fiesta Court Cedarburg, WI 53012, Michael P. & Tracy A. Heerhold 2812 Maple Road Jackson, WI 53037, Ronald R. & Julie K. Heidtke 3279 Maple Road Jackson, WI 53037, 5
Complaint
Brian W. Helm 1070 Spring Valley Road Jackson, WI 53037, Kent A. & Laurie K. Henning 3111 Center Road Cedarburg, WI 53012, Kurt A. & Lori L. Henning 1629 Sherman Road Jackson, WI 53037, Joseph A. & Theresa L. Herrmann Jacob Herrmann 2019 Hummingbird Drive Jackson, WI 53037, Jack Hill N76 W14568 North Point Court Menomonee Falls, WI 53051, Gregory E. Holcomb Judith G. Sowin-Holcomb 2090 Western Avenue Jackson, WI 53037, Gregory T. & Jennifer A. Holt 1990 Hummingbird Drive Jackson, WI 53037, Carl F. & Janet L. Holter 3073 Crosswind Trail Jackson, WI 53037, Jana M. Kainz 3191 Center Road Cedarburg, WI 53012, Harlin D. & Helen Kannenberg Family Trust 1925 Spring Valley Road Jackson, WI 53037, James W. & Anne F. Kannenberg Family Trust Russell Kannenberg 2002 Spring Valley Road 6
Complaint
Jackson, WI 53037, Daniel & Mary Kaschner 2001 Spring Valley Road Jackson, WI 53037, Keith & Susan Kelber 1683 Sherman Road Jackson, WI 53037, Gary J. Koenen & Mary Jo Otto 1974 Hummingbird Drive Jackson, WI 53037, Mark & Kristy Koenke 1983 Hummingbird Lane Jackson, WI 53037, Nathan & Deanna S. Kons 2026 Hummingbird Drive Jackson, WI 53037, Robert & Eileen Koopmann 1605 Sherman Road Jackson, WI 53037, Terry L. & Lori Koth 3217 Center Road Cedarburg, WI 53037, Ervin R. & Mary S. Larsen, Jr. 2933 Division Road Jackson, WI 53037, Peter J. & Jennifer E. LaSage 1708 Western Avenue Jackson, WI 53037, James A. & Lynda G. Last 2780 Maple Road Jackson, WI 53037, Joseph & Jodi L. LeSac 1060 East Juneau Avenue Milwaukee, WI 53202, 7
Complaint
Dennis C. & Barbara Liebl 2992 Division Road Jackson, WI 53037, Paul A. & Marlene Lober 1752 Sherman Road Jackson, WI 53037, Jami Long David Long 3133 Wildflower Lane Jackson, WI 53037, Beth Manchester (a/k/a Beth A. Frank) Thomas Willetts 2045 Mill Road Jackson, WI 53037, Paul & Alexis Marino 3123 Twin Creeks Road Jackson, WI 53037, Raymond R. & Cindy S. Schowalter Kathleen L. Martinka 3026 Jackson Drive Jackson, WI 53037, Bryan & Colleen McCracken N161W18943 Heather Lynn Circle Jackson, WI 53037, Daniel P. Meer & Nicole R. Cozzuli-Meer 3110 Center Road Cedarburg, WI 53012, Michael E. & Linda J. Merkel 1378 Hacienda Lane Cedarburg, WI 53012, Theodore & Carol Meyer 2485 Lakeridge Court Saukville, WI 53080, James S. Micech & Lisa L. Yorkey-Peters 8
Complaint
Sarah Yorkey 3159 Wildflower Lane Jackson, WI 53037, Robert C. & Judi L. Mielke 3115 Wildflower Lane Jackson, WI 53037, Thomas J. & Sandra J. Miller 1492 Western Avenue Jackson, WI 53037, James R. Minue & Kay A. Barry-Minue 1423 Fiesta Court Cedarburg, WI 53012, David J. & Kathryn L. Moore 3128 Wildflower Lane Jackson, WI 53037, Ardis J. & Ardell J. Nicolaus 728 Willow Lane P.O. Box 270294 Hartford, WI 53027, James A. Ninedorf 1790 Western Avenue Jackson, WI 53037, Thomas A. & Jean M. Okruhlica 1998 Sherman Road Jackson, WI 53037, Sherman Heights, LP c/o Thomas Okruhlica, Lynn M. Ballach & Kathy McLellan, Trustees 1998 Sherman Road Jackson, WI 53037, Richard L. & Teresa E. Olroyd 1387 Hacienda Lane Cedarburg, WI 53012, Daniel & Robin Olson Robin L. Olson Revocable Living Trust 9
Complaint
1930 Sherman Road Jackson, WI 53037, Timothy J. & Nicole M. Olszewski 2987 Division Road Jackson, WI 53037, Carlos J. & Norma A. Ortiz Guadalupe Ortiz 2948 Crosswind Trail Jackson, WI 53037, Gary J. Ostertag & Susan K. McDonald 2400 Western Avenue Jackson, WI 53037, Randall P. & Ann Panas 2757 Maple Road Jackson, WI 53037, Margaret E. Becker Christopher & Laura Pella 2039 Spring Valley Road Jackson, WI 53037, Robert Perszyk James Perszyk Lynda Kleyheeg 7624 South 74th Street Franklin, WI 52132, Glenn H. Petrick 1785 Spring Valley Road Jackson, WI 53037, Frank J. & Bonnie J. Picciolo 3361 Division Road Jackson, WI 53037, Thomas S. & Jennifer A. Picciolo 3236 Center Road Cedarburg, WI 53012, Jeffery L. & Lynn M. Pollpeter 1393 Fiesta Court 10
Complaint
Cedarburg, WI 53012, Dale H. & Barbara E. Pratt 2762 Division Road Jackson, WI 53037, Greg S. Ragsdale & Kelli Douville 1034 Bluebird Lane Hartford, WI 53027, Thomas W. & Lynn D. Rosbeck 1676 Western Avenue Jackson, WI 53037, Glenn L. & Ann H. Rusch 1157 Spring Valley Road Jackson, WI 53037, Keith & Elaine L. Rusch 2955 Division Road Jackson, WI 53037, Marvin J. & Arlene D. Rusch Living Trust c/o Keith Rusch 2955 Division Road Jackson, WI 53037, Jonathan & Carrie L. Sanford 1515 Spring Valley Road Jackson, WI 53037, John R. & Margaret J. Schmahl Trust N168 W19721 Main Street Jackson, WI 53037, Schmahl Family Ltd. Partnership Reuben J. Schmahl Living Trust c/o John Schmahl N168 W19721 Main Street Jackson, WI 53037, Evan R. Schmidt 2097 Mill Road Jackson, WI 53037, 11
Complaint
Diana L. Schoen N161W19116 Oakland Drive Jackson, WI 53037, Paul & Karen Schreck 1891 Mill Road Jackson, WI 53037, Renee Schultz (a/k/a Renee Schoenherr) 2771 Maple Road Jackson, WI 53037, Patrick M. & Janis J. Sierra 1845 Sherman Road Jackson, WI 53037, Eric J. & Mary W. Skowlund 3123 Center Road Cedarburg, WI 53012, Daniel & Tracey Stadler Rebekah Stadler 2723 Maple Road Jackson, WI 53037, Jerome A. & Judith S. Stadler Trust 2723 Maple Road Jackson, WI 53037, Joshua J. & Melissa Staller (a/k/a Melissa K. Zarling) 1507 Western Avenue Jackson, WI 53037, Michael J. & Jennifer L. Starzman 2961 Crosswind Trail Jackson, WI 53037, John M. & Michele Stiemke 2014 Hummingbird Drive Jackson, WI 53037, Thomas & Lora Strobel 3166 Wildflower Lane Jackson, WI 53037, 12
Complaint
Mark R. & Christine A. Sulok 2945 Crosswind Trail Jackson, WI 53037, Robert D. & Rita A. Sumter 1375 Ponderosa Drive Cedarburg, WI 53012, Robert C. & Tammy L. Tetzlaff 2007 Hummingbird Drive Jackson, WI 53037, Mark S. Tischer 2693 Maple Road Jackson, WI 53037, Spotted T. Farms, LLC c/o Michael Truntz Sandra Truntz Jessica Truntz Chelsea Truntz 8496 Western Avenue Cedarburg, WI 53012, Michael J. & Michelle L. Uutala 3165 Wildflower Lane Jackson, WI 53037, Ronald J. & Donna J. Van Ryzin 1426 Hwy. 60 Cedarburg, WI 53012, Michael J. & Linda L.Vargo 1401 Hacienda Lane Cedarburg, WI 53012, Randall & Susan Vogel Living Trust 1894 Spring Valley Road Jackson, WI 53037, Spring Valley Properties, LLC c/o Randall Vogel 1891 Spring Valley Road Jackson, WI 53037 13
Complaint
Township Warehouses, LLC c/o Randall Vogel 1894 Spring Valley Road Jackson, WI 53037, Vogel Seed & Fertilizer, Inc. c/o William Vogel 1891 Spring Valley Road Jackson, WI 53037, William & Joyce Vogel Living Trust 1862 Spring Valley Road Jackson, WI 53037, Michael A. & Sandra L.Vorwerk 1796 Sherman Road Jackson, WI 53037, Jerold R. & Jean Wagenknecht 3209 Maple Road Jackson, WI 53037, Thomas S. & Gwendolyn A. Wagner 1824 Western Avenue Jackson, WI 53037, Todd M. & Lisa A. Wanta 1982 Spring Valley Road Jackson, WI 53037, George & Jane E. Welter 3150 Center Road Cedarburg, WI 53012, Stephen W. & Jeannine Weyker 2840 Division Road Jackson, WI 53037, Todd & Debra K. Weyker 1991 Spring Valley Jackson, WI 53037, Jeffrey S. & Heidi A. Williams W194 N16045 Hickory Lane Jackson, WI 53037, 14
Complaint
Florian & Kara Wisinski 3020 Maple Jackson, WI 53037, Willard B. & Dorothy Wolff 3215 Division Road Jackson, WI 53037, Jon C. Zandi 3207 Division Road Jackson, WI 53037, Otto & Kathryn R. Zurbuchen 2055 Spring Valley Road Jackson, WI 53037, Plaintiffs, vs. West Shore Pipe Line Company, a foreign corporation, c/o CSC-Lawyers Incorporating Service Company 8040 Excelsior Drive, Suite 400 Madison, WI 53717, Buckeye Partners, LP a foreign corporation, c/o CSC-Lawyers Incorporating Service Company 8040 Excelsior Drive, Suite 400 Madison, WI 53717, Buckeye Pipe Line Holdings, L.P. a foreign corporation, c/o CSC-Lawyers Incorporating Service Company 8040 Excelsior Drive, Suite 400 Madison, WI 53717, Buckeye Pipe Line Company, L.P. a foreign corporation, c/o CSC-Lawyers Incorporating Service Company 8040 Excelsior Drive, Suite 400 Madison, WI 53717, 15
Complaint
Buckeye Pipe Line Services Company, a foreign corporation, c/o CSC-Lawyers Incorporating Service Company 8040 Excelsior Drive, Suite 400 Madison, WI 53717, ABC INSURANCE CORPORATION, a fictitious insurance corporation, DEF INSURANCE CORPORATION, a fictitious insurance corporation, GHI INSURANCE CORPORATION, a fictitious insurance corporation, JKL INSURANCE CORPORATION, a fictitious insurance corporation, MNO INSURANCE CORPORATION, a fictitious insurance corporation, PQR INSURANCE CORPORATION, a fictitious insurance corporation, STU INSURANCE CORPORATION, a fictitious insurance corporation, VWX INSURANCE CORPORATION, a fictitious insurance corporation, YZ INSURANCE CORPORATION, a fictitious insurance corporation, Defendants.
COMPLAINT ______________________________________________________________________________ Plaintiffs, through their attorneys Habush Habush & Rottier S.C.® and Law Offices of Peter G. Angelos, P.C., hereby allege the following as a complaint against the Defendants:
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Complaint
PARTIES 1.
The plaintiffs, Chad L. and Stephanie J. Altschafl, are adult residents of the State of
Wisconsin who, at all times material hereto, owned and resided on the property located at 2985 Crosswind Trail, Jackson, WI 53037. 2.
The plaintiffs, Scott W. and Heather D. Anders, are adult residents of the State of
Wisconsin who, at all times material hereto, owned and resided on the property located at 3095 Center Road, Cedarburg, WI 53012. 3.
The plaintiffs, Martin D. and Michelle Ball, are adult resident of the State of
Wisconsin who, at all times material hereto, resided at 2459 Golden Harvest Lane, Jackson, WI 53037; the plaintiff, Martin D. and Michelle Ball TOD, at all times material hereto, was the owner of the property located at 2459 Golden Harvest Lane, Jackson, WI 53037. 4.
The plaintiffs, Eric A. and Jodi L. Baumann, are adult residents of the State of
Wisconsin who, at all times material hereto, owned and resided on the property located at 2042 Hummingbird Drive, Jackson, WI 53037. 5.
The plaintiffs, Andrew J. and Kathy A. Beck, are adult residents of the State of
Wisconsin who, at all times material hereto, owned and resided on the property located at 2298 Brookside Drive, Jackson, WI 53037. 6.
The plaintiff, Kevin A. Behm is an adult resident of the State of Wisconsin who, at
all times material hereto, owned and resided on the property located at 2097 W. Mill Road, Jackson, WI 53037. 7.
The plaintiffs, Lee and Roxanne Bernard are adult residents of the State of
Wisconsin, who, at all times material hereto, resided on the property located at 1665 Sherman
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Complaint
Road, Jackson, WI 53037; at all times material hereto, Lee Bernard owned the property located at 1665 Sherman Road, Jackson, WI 53037. 8.
The plaintiffs, Clint A. Bindrich and Melissa M. Dlobik, are adult residents of the
State of Wisconsin who, at all times material hereto, owned and resided on the property located at 1386 Hacienda Lane, Cedarburg, WI 53012. 9.
The plaintiffs, Brian J. and Stacey R. Birchbauer, are adult residents of the State of
Wisconsin who, at all times material hereto, owned and resided on the property located at 2430 Crosswind Trail, Jackson, WI 53037. 10.
The plaintiffs, Norman R. and Judy Block, are adult residents of the State of
Wisconsin who, at all times material hereto, resided at 2025 Western Avenue, Jackson, WI 53037; the plaintiff, Norman R. Block, at all times material hereto, was the owner of the property located at 2025 Western Avenue, Jackson, WI 53037. 11.
The plaintiffs, James and Donna Bournelis, are adult residents of the State of
Wisconsin who, at all times material hereto, owned and resided on the property located at 1971 Western Avenue, Jackson, WI 53037. 12.
The plaintiffs, Timothy and Dawn Boppre, are adult residents of the State of
Wisconsin who, at all times material hereto, resided at 3282 Division Road, Jackson, WI 53037; the plaintiff Boppre Trust, at all times material thereto, was the owner of the property located at 3282 Division Road, Jackson, WI 53037. 13.
The plaintiffs, Matthew R. and Jessica L. Braeger, are adult residents of the State of
Wisconsin, who at all times material hereto, owned and resided on the property located at 1986 Sherman Road, Jackson, WI 53037.
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Complaint
14.
The plaintiffs, Robert A. and Susan J. Brandt, are adult residents of the State of
Wisconsin who, at all times material hereto, owned and resided on the property located at 1750 Western Avenue, Jackson, WI 53037. 15.
The plaintiffs, Patrick Brock Sr. and Susan M. Brock, are adult residents of the
State of Wisconsin who, at all times material hereto, resided at 2761 Maple Road, Jackson, WI 53037; the plaintiff, Susan Miriam Brock, at all times material hereto owned the property located at 2761 Maple Road, Jackson, WI 53037. 16.
The plaintiffs, Roman and Jody Brzezinski (f/k/a Jody LaSage), are adult residents
of the State of Wisconsin who, at all times material hereto, resided at 1960 Hummingbird Drive, Jackson, WI 53037; the plaintiff, Jody LaSage, at all times material hereto owned the property located at 1960 Hummingbird Drive, Jackson, WI 53037. 17.
The plaintiffs, Michael A. and Laurie M. Buck, are adult residents of the State of
Wisconsin who, at all times material hereto, owned and resided on the property located at 1790 Spring Valley Road, Jackson, WI 53037. 18.
The plaintiffs, James E. and Janice L. Buetow, are adult residents of the State of
Wisconsin who, at all times material hereto, owned and resided on the property located at 3260 Center Road, Cedarburg, WI 53012. 19.
The plaintiffs, Kevin M. and Mary K. Bukovic, are adult residents of the State of
Wisconsin who, at all times material hereto, owned and resided on the property located at 2869 Mockingbird Drive, Jackson, WI 53037. 20.
The plaintiff, Doyle F. Busse, is an adult resident of the State of Wisconsin who, at
all times material hereto, owned and resided on the property located at 2043 Hummingbird Drive, Jackson, WI 53037. 19
Complaint
21.
The plaintiffs, Robert D. and Kathryn J. Campbell, are adult residents of the State
of Wisconsin who, at all times material hereto, owned and resided on the property located at 3134 Wildflower Lane, Jackson, WI 53037. 22.
The plaintiffs, James R. and Kelly K. Carr (a/k/a Karen K. Carr), are adjust
residents of the State of Wisconsin who, at all times material hereto, owned and resided on the property located at 3151 Wildflower Lane, Jackson, WI 53037. 23.
The plaintiffs, James J. and Kathleen M. Carranza, are adult residents of the State of
Wisconsin who, at all times material hereto, owned and resided on the property located at 1436 Fiesta Court, Cedarburg, WI 53012. 24.
The plaintiff, Mary C. Ciha, is an adult resident of the State of Wisconsin who, at
all times material hereto, owned and resided on the property located at 2004 Western Avenue, Jackson, WI 53037; a portion of the property located at 2004 Western Avenue, Jackson, WI 53037 is also owned by her father, Eugene J. Fons, whose power of attorney is plaintiff John Fons, named below. 25.
The plaintiffs, John C. and Dianna M. Creed, are adult residents of the State of
Wisconsin who, at all times material hereto, owned and resided on the property located at N140 W18030 Cedar Lane, Richfield, WI 53076. 26.
The plaintiffs, Tim R. and Patricia A. Dano, are adult residents of the State of
Wisconsin who, at all times material hereto, owned and resided on the property located at 1957 Hummingbird Drive, Jackson, WI 53037. 27.
The plaintiff, Michael J. Dueno, is an adult resident of the State of Wisconsin who,
at all times material hereto, owned and resided on the property located at 1448 Fiesta Court, Cedarburg, WI 53012. 20
Complaint
28.
The plaintiffs, Richard A. and Carrie J. Dzik, are adult residents of the State of
Wisconsin who, at all times material hereto, owned and resided on the property located at 1969 Hummingbird Drive, Jackson, WI 53037. 29.
The plaintiffs, David D. and Amy J. Ebsen, are adult residents of the State of
Wisconsin who, at all times material hereto, owned and resided on the property located at 3181 Jackson Drive, Jackson, WI 53037. 30.
The plaintiffs, Glenn E. and Cynthia A. Eichstaedt, are adult residents of the State
of Wisconsin who, at all times material hereto, owned and resided on the property located at 1344 Geiger Court, Cedarburg, WI 53012. 31.
The plaintiffs, Lance and Sara Fahey (f/k/a Sara Baker), are adult residents of the
State of Wisconsin who, at all times material hereto, resided at 2031 Hummingbird Drive, Jackson, WI 53037; the plaintiff, Sara J. Baker, at all times material hereto, owned the property located at 2031 Hummingbird Drive, Jackson, WI 53037. 32.
The plaintiffs, Jeffrey F. and Rebecca Falbo, are adult residents of the State of
Wisconsin who, at all times material hereto, resided at 2857 Mockingbird Drive, Jackson, WI 53037; the plaintiff, Jeffrey F. Falbo, at all times material hereto, owned the property located at 2857 Mockingbird Drive, Jackson, WI 53037. 33.
The plaintiffs, Mark P. and Tammy L. Fitzgerald, are adult residents of the State of
Wisconsin who, at all times material hereto, owned and resided on the property located at 1961 Western Avenue, Jackson, WI 53037. 34.
The plaintiffs, Daniel J. and Vicki G. Flanders, are adult residents of the State of
Wisconsin who, at all times material hereto, owned and resided on the property located at 1730 Western Avenue, Jackson, WI 53037. 21
Complaint
35.
The plaintiff, John Fons, is an adult resident of the State of Wisconsin who, at all
times material hereto, resided at 8028 North Poplar Drive, Fox Point, WI 53217; the plaintiff John Fons is the personal representative for the Estate of Jeanne E. Fons, Power of Attorney for Eugene J. Fons and the brother of the plaintiff Mary C. Ciha named above, whom together, at all times material hereto, owned parcels T7 0739 00D and T7 0739 00Z, which street address is on Maple Road in Jackson, WI 53037. 36.
The plaintiffs, Loyd N. and Joanne Fulton, are adult residents of the State of
Wisconsin who, at all times material hereto, resided at 2005 Western Avenue, Jackson, WI 53037; the plaintiff Loyd N. Fulton, at all times material hereto, owned the property located at 2005 Western Avenue, Jackson, WI 53037. 37.
The plaintiffs, Paul and Cynthia Gagan, are adult residents of the State of
Wisconsin who, at all times material hereto, resided at 1414 Fiesta Court, Cedarburg, WI 53012. 38.
The plaintiffs, Jordan A. Gallitz and Karen J. Utech, are adult residents of the State
of Wisconsin who, at all times material hereto, owned and resided on the property located at 3152 Wildflower Lane, Jackson, WI 53037. 39.
The plaintiffs, Brian Goniu and Kena Zimmerman, are adult residents of the State
of Wisconsin who, at all times material hereto, owned and resided on the property located at 3116 Wildflower Lane, Jackson, WI 53037. 40.
The plaintiffs, Gary L. and Rhea Jane Greseth, are adult residents of the State of
Wisconsin who, at all times material hereto, owned and resided on the property located at 2864 Mockingbird Drive, Jackson, WI 53037. 41.
The plaintiffs, Gerald and Karen Groth, are adult residents of the State of
Wisconsin who, at all times material hereto, resided at 3071 Center Road, Jackson, WI 53037; the 22
Complaint
plaintiffs, Hilmer Groth, Gerald Groth and Delwyn Groth Trust, at all times material hereto, owned the property located at 3071 Center Road, Jackson, WI 53037. 42.
The plaintiffs, Bradley and Margaret Gustafson, are adult residents of the State of
Wisconsin who, at all times material hereto, owned and resided on the property located at 1967 Spring Valley Road, Jackson, WI 53037. 43.
The plaintiffs, James M. and Barbara Hanke, are adult residents of the State of
Wisconsin who, at all times material hereto, resided at 1911 State Hwy 60, Jackson, WI 53037; the plaintiff, James M. Hanke, at all times material hereto, owned the property located at 1911 State Hwy 60, Jackson, WI 53037. 44.
The plaintiff, Ann M. Hardt, is an adult resident of the State of Wisconsin who, at
all times material hereto, resided at 2540 Western Avenue, Jackson, WI 53037; the plaintiff, Anna M. Hardt Revocable Living Trust, at all times material hereto, owned the property located 2540 Western Avenue, Jackson, WI 53037. 45.
The plaintiffs, Gregory R. and Carla J. Harry, are adult residents of the State of
Wisconsin who, at all times material hereto, owned and resided on the property located at 3255 Maple Road, Jackson, WI 53037. 46.
The plaintiffs, Mark T. and Kira L. Haslam, are adult residents of the State of
Wisconsin who, at all times material hereto, owned and resided on the property located at 1040 Spring Valley Road, Jackson, WI 53037. 47.
The plaintiffs, Gary A. Heckendorf and Holly Gray-Heckendorf, are adult residents
of the State of Wisconsin who, at all times material hereto, owned and resided on the property located at 3060 Maple Road, Jackson, WI 53037.
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Complaint
48.
The plaintiffs, Raymond A. and Eulora Heckendorf LE, by plaintiff Gary A.
Heckendorf, named above, and his siblings, one of which is Kim A. Powers, which, at all times material hereto, owned property located at 2011 W. Mill Road, Jackson, WI 53037. 49.
The plaintiffs, Melvin R. and Eunice R. Heckendorf, are adult residents of the State
of Wisconsin who, at all times material hereto, owned and resided on the property located at 1997 Sherman Road, Jackson, WI 53037 (parcel nos. T7 0732; T7 0730; T7 0733; T7 0730 00A) and also owned the property located at 2039 Sherman Road, Jackson, WI 53037. 50.
The plaintiffs, Todd F. and Karen S. Heer, are adult residents of the State of
Wisconsin who, at all times material hereto, owned and resided on the property located at 1403 Fiesta Court, Cedarburg, WI 53012. 51.
The plaintiffs, Michael P. and Tracy A. Heerhold, are adult residents of the State of
Wisconsin who, at all times material hereto, owned and resided on the property located at 2812 Maple Road, Jackson, WI 53037. 52.
The plaintiffs, Ronald R. and Julie K. Heidtke, are adult residents of the State of
Wisconsin who, at all times material hereto, owned and resided on the property located at 3279 Maple Road, Jackson, WI 53037. 53.
The plaintiff, Brian W. Helm, is an adult resident of the State of Wisconsin who, at
all times material hereto, owned and resided on the property located at 1070 Spring Valley Road, Jackson, WI 53037. 54.
The plaintiffs, Kent A. and Laurie K. Henning, are adult residents of the State of
Wisconsin who, at all times material hereto, owned and resided on the property located at 3111 Center Road, Cedarburg, WI 53012.
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Complaint
55.
The plaintiffs, Kurt A. and Lori L. Henning, are adult residents of the State of
Wisconsin who, at all times material hereto, owned and resided on the property located at 1629 Sherman Road, Jackson, WI 53037. 56.
The plaintiffs, Joseph A. and Theresa L. Herrmann, are adult residents of the State
of Wisconsin who, at all times material hereto, owned and resided on the property located at 2019 Hummingbird Drive, Jackson, WI 53037; the plaintiff Jacob Herrmann is their adult son who, at all times material hereto, also resided at 2019 Hummingbird Drive, Jackson, WI 53037. 57.
The plaintiff, Jack Hill, is an adult resident of the State of Wisconsin who, at all
times material hereto, resided at N76 W13468 North Point Court, Menomonee Falls, WI 53051, and owned the property located at 1782 Sherman Road, Jackson, WI 53037. 58.
The plaintiffs, Gregory E. Holcomb and Judith G. Sowin-Holcomb, are adult
residents of the State of Wisconsin who, at all times material hereto, owned and resided on the property located at 2090 Western Avenue, Jackson, WI 53037. 59.
The plaintiffs, Gregory T. and Jennifer A. Holt, are adult residents of the State of
Wisconsin who, at all times material hereto, owned and resided on the property located at 1990 Hummingbird Drive, Jackson, WI 53037. 60.
The plaintiffs, Carl F. and Janet L. Holter, are adult residents of the State of
Wisconsin who, at all times material hereto, owned and resided on the property located at 3073 Crosswind Trail, Jackson, WI 53037. 61.
The plaintiff, Jana M. Kainz, is an adult resident of the State of Wisconsin who, at
all times material hereto, owned and resided on the property located at 3191 Center Road, Cedarburg, WI 53012.
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Complaint
62.
The plaintiff, Helen Kannenberg, is an adult resident of the State of Wisconsin who,
at all times material hereto, resided at 1925 Spring Valley Road, Jackson, WI 53037; the plaintiff Harlin D. and Helen Kannenberg Family Trust, at all times material hereto, owned the property located at 1925 Spring Valley Road, Jackson, WI 53037. 63.
The plaintiffs, James W. and Anne F. Kannenberg, and Russell Kannenberg, are
adult residents of the State of Wisconsin who, at all times material hereto, resided at 2002 Spring Valley Road, Jackson, WI 53037; the plaintiff James W. and Anne F. Kannenberg Family Trust, at all times material hereto, owned the property located at 2002 Spring Valley Road, Jackson, WI 53037. 64.
The plaintiffs, Daniel and Mary Kaschner, are adult residents of the State of
Wisconsin who, at all times material hereto, owned and resided on the property located at 2001 Spring Valley Road, Jackson, WI 53037. 65.
The plaintiffs, Keith and Susan Kelber, are adult residents of the State of Wisconsin
who, at all times material hereto, resided on the property located at 1683 Sherman Road, Jackson, WI 53037; the plaintiff Keith Kelber, at all times material hereto, owned the property at 1683 Sherman Road, Jackson, WI 53037. 66.
The plaintiffs, Gary J. Koenen and Mary Jo Otto, are adult residents of the State of
Wisconsin who, at all times material hereto, owned and resided on the property located at 1974 Hummingbird Drive, Jackson, WI 53037. 67.
The plaintiffs, Mark and Kristy Koenke, are adult residents of the State of
Wisconsin who, at all times material hereto, owned and resided on the property located at 1983 Hummingbird Lane, Jackson, WI 53037.
26
Complaint
68.
The plaintiffs, Nathan and Deanna Kons, are adult residents of the State of
Wisconsin who, at all times material hereto, owned and resided on the property located at 2026 Hummingbird Drive, Jackson, WI 53037. 69.
The plaintiffs, Robert and Eileen Koopmann, are adult residents of the State of
Wisconsin who, at all times material hereto, resided at 1601 Sherman Road, Jackson, WI 53037; the plaintiff Robert Koopmann, at all times material hereto, owned the property at 1601 Sherman Road, Jackson, WI 53037. 70.
The plaintiffs, Terry L. and Lori Koth, are adult residents of the State of Wisconsin
who, at all times material hereto, owned and resided on the property located at 3217 Center Street, Cedarburg, WI 53012. 71.
The plaintiffs, Ervin R. and Mary S. Larsen, Jr., are adult residents of the State of
Wisconsin who, at all times material hereto, owned and resided on the property located at 2933 Division Road, Jackson, WI 53037. 72.
The plaintiffs, Peter J. and Jennifer E. LaSage, are adult residents of the State of
Wisconsin who, at all times material hereto, owned and resided on the property located at 1708 Western Avenue, Jackson, WI 53037. 73.
The plaintiffs, James A. and Lynda G. Last, are adult residents of the State of
Wisconsin who, at all times material hereto, owned and resided on the property located at 2780 Maple Road, Jackson, WI 53037. 74.
The plaintiffs, Joseph and Jodi L. LeSac, are adult residents of the State of
Wisconsin who, at all times material hereto, resided at 1060 East Juneau Avenue, Milwaukee, WI 53202 and owned the property located at 1870 Mill Road, Jackson, WI 53037.
27
Complaint
75.
The plaintiffs, Dennis C. and Barbara Liebl, are adult resident of the State of
Wisconsin who, at all times material hereto, owned and resided on the property located at 2992 Division Road, Jackson, WI 53037. 76.
The plaintiffs, Paul A. and Marlene Lober, are adult residents of the State of
Wisconsin who, at all times material hereto, owned and resided on the property located at 1752 Sherman Road, Jackson, WI 53037. 77.
The plaintiffs, David and Jami Long, are adult residents of the State of Wisconsin
who, at all times material hereto, resided at 3133 Wildflower Lane, Jackson, WI; the plaintiff Jami Long, at all times material hereto, owned the property located at 3133 Wildflower Lane, Jackson, WI 53073. 78.
The plaintiffs, Beth Manchester (a/k/a Beth A. Frank) and Thomas Willetts, are
adult residents of the State of Wisconsin who, at all times material hereto, owned and resided on the property located at 2045 Mill Road, Jackson, WI 53037. 79.
The plaintiffs, Paul and Alexis Marino, are adult residents of the State of Wisconsin
who, at all times material hereto, owned and resided on the property located at 3123 Twin Creeks Road, Jackson, WI 53037. 80.
The plaintiff, Kathleen L. Martinka, is an adult resident of the State of Wisconsin
who, at all times material hereto, resided on the property located at 3026 Jackson Drive, Jackson, WI 53037; the plaintiffs, Raymond R. Schowalter and Cindy S. Schowalter, at all times material hereto, were the owners of property located at 3026 Jackson Drive, Jackson, WI 53037. 81.
The plaintiffs, Bryan and Colleen McCracken, are adult residents of the State of
Wisconsin who, at all times material hereto, owned and resided on the property located at N161 W18943 Heather Lynn Circle, Jackson, WI 53037. 28
Complaint
82.
The plaintiffs, Daniel P. Meer and Nicole R. Cozzuli-Meer, are adult residents of
the State of Wisconsin who, at all times material hereto, owned and resided on the property located at 3110 Center Road, Cedarburg, WI 53012. 83.
The plaintiffs, Michael E. and Linda J. Merkel, are adult residents of the State of
Wisconsin who, at all times material hereto, owned and resided on the property located at 1378 Hacienda Lane, Cedarburg, WI 53012. 84.
The plaintiffs, Theodore and Carol Meyer, are adult residents of the State of
Wisconsin who, at all times material hereto, resided at 2485 Lakeridge Court, Saukville, WI 53080, and who, at all times material hereto, owned property located at 1925 Spring Valley Road, Jackson, WI 53037. 85.
The plaintiffs, James S. Micech and Lisa L. Yorkey-Peters, are adult residents of
the State of Wisconsin who, at all times material hereto, owned and resided on the property located at 3159 Wildflower Lane, Jackson, WI 53037. The plaintiff, Sarah Yorkey, is an adult resident of the State of Wisconsin who, at all times material hereto, resided at 3159 Wildflower Lane, Jackson, WI 53037. 86.
The plaintiffs, Robert C. and Judi L. Mielke, are adult residents of the State of
Wisconsin who, at all times material hereto, owned and resided on the property located at 3115 Wildflower Lane, Jackson, WI 53037. 87.
The plaintiffs, Thomas J. and Sandra J. Miller, are adult residents of the State of
Wisconsin who, at all times material hereto, owned and resided on the property located at 1492 Western Avenue, Jackson, WI 53037.
29
Complaint
88.
The plaintiffs, James R. Mineu and Kay A. Barry-Minue, are adult residents of the
State of Wisconsin who, at all times material hereto, owned and resided on the property located at 1423 Fiesta Court, Cedarburg, WI 53012 89.
The plaintiffs, David J. and Kathryn L. Moore, are adult residents of the State of
Wisconsin who, at all times material hereto, owned and resided on the property located at 3128 Wildflower Lane, Jackson, WI 53037. 90.
The plaintiffs, Ardis and Ardell J. Nicolaus, are adult residents of the State of
Wisconsin who, at all times material hereto, resided at 728 Willow Lane, Hartford, WI 53027, and, at all times materials hereto, were the owners of properties located at Mill Road, Jackson, WI 53037 and Western Avenue, Jackson, WI 53037. 91.
The plaintiff, James A. Ninedorf, is an adult resident of the State of Wisconsin who,
at all times material hereto, owned and resided on the property located at 1790 Western Avenue, Jackson, WI 53037. 92.
The plaintiffs, Thomas A. and Jean M. Okruhlica, are adult residents of the State of
Wisconsin who, at all times material hereto, owned and resided on the property located at 1998 Sherman Road, Jackson, WI 53037. 93.
The plaintiff, Sherman Heights, LP, a domestic limited partnership under the laws
of the State of Wisconsin, c/o registered agent Elnore A. Okruhlica and, at all times material hereto, the owner of the property located at 2018 Sherman Road, Jackson, WI 53037. 94.
The plaintiffs, Richard L. and Teresa E. Olroyd, are adult residents of the State of
Wisconsin who, at all times material hereto, owned and resided on the property located at 1387 Hacienda Lane, Cedarburg, WI 50312.
30
Complaint
95.
The plaintiffs, Daniel and Robin Olson, are adult residents of the State of
Wisconsin who, at all times material hereto, resided on the property located at 1930 Sherman Road, Jackson, WI 53037; the Robin L. Olson Revocable Living Trust was, at all times material hereto, the owner of the property located at 1930 Sherman Road, Jackson, WI 53037. 96.
The plaintiffs, Timothy and Nicole M. Olszewski, are adult residents of the State of
Wisconsin who, at all times material hereto, owned and resided on the property located at 2987 Division Road, Jackson, WI 53037. 97.
The plaintiffs, Carlos J. and Norma A. Ortiz, are adult residents of the State of
Wisconsin who, at all times material hereto, owned and resided on the property located at 2948 Crosswind Trail, Jackson, WI 53037; the plaintiff Guadalupe Ortiz is an adult resident of the State of Wisconsin, who at all times material hereto also resided at 2948 Crosswind Trail, Jackson, WI 53037. 98.
The plaintiffs, Gary J. Ostertag and Susan K. McDonald, are adult residents of the
State of Wisconsin who, at all times material hereto, owned and resided on the property located at 2400 Western Avenue, Jackson, WI 53037. 99.
The plaintiffs, Randall P. and Ann Panas, are adult residents of the State of
Wisconsin who, at all times material hereto, resided on the property located at 2757 Maple Road, Jackson, WI 53037; the plaintiff, Randall Panas, at all times material hereto, owned the property located at 2757 Maple Road, Jackson, WI 53037. 100.
The plaintiffs, Christopher and Laura Pella, are adult residents of the State of
Wisconsin who, at all times material hereto, resided on the property located at 2039 Spring Valley Road, Jackson, WI 53037; the plaintiff, Margaret E. Becker, 2039 Spring Valley Road, Jackson,
31
Complaint
WI 53037, is an adult resident of the State of Wisconsin who, at all times material hereto, owned the property located at 2039 Spring Valley Road, Jackson, WI 53037. 101.
The plaintiffs, Robert Perszyk, James Perszyk and Lynda Kleyheeg, are adult
residents of the State of Wisconsin who, at all times material hereto, owned the property located at 2015 Western Avenue, Jackson, WI 53037, and, upon information and belief, at all times material hereto, currently reside at 7624 South 74th Street, Franklin, WI 52132. 102.
The plaintiff, Glenn H. Petrick, is an adult resident of the State of Wisconsin who,
at all times material hereto, owned and resided on the property located at 1785 Spring Valley Road, Jackson, WI 53037. 103.
The plaintiffs, Frank J. and Bonnie J. Picciolo, are adult residents of the State of
Wisconsin who, at all times material hereto, owned and resided on the property located at 3361 Division Road, Jackson, WI 53037. 104.
The plaintiffs, Thomas S. and Jennifer A. Picciolo, are adult residents of the State
of Wisconsin who, at all times material hereto, owned and resided on the property located at 3236 Center Road, Jackson, WI 53037. 105.
The plaintiffs, Jeffery L. and Lynn M. Pollpeter, are adult residents of the State of
Wisconsin who, at all times material hereto, owned and resided on the property located at 1393 Fiesta Court, Cedarburg, WI 53012. 106.
The plaintiffs, Dale H. and Barbara E. Pratt, are adult residents of the State of
Wisconsin who, at all times material hereto, owned and resided on the property located at 2762 Division Road, Jackson, WI 53037. 107.
The plaintiffs, Greg S. Ragsdale and Kelli Douville, are adult residents of the State
of Wisconsin who, at all times material hereto, owned the property located at Crosswind Farms Lot 32
Complaint
12, Crosswind Trail, Jackson, WI 53037, and, at all times material hereto, currently reside at 1034 Bluebird Lane, Hartford, WI 53027. 108.
The plaintiffs, Thomas W. and Lynn D. Rosbeck, are adult residents of the State of
Wisconsin who, at all times material hereto, owned and resided on the property located at 1676 Western Avenue, Jackson, WI 53037. 109.
The plaintiffs, Glenn L. and Ann H. Rusch, are adult residents of the State of
Wisconsin who, at all times material hereto, owned and resided on the property located at 1157 Spring Valley Road, Jackson, WI 53037. 110.
The plaintiffs, Keith and Elaine L. Rusch, are adult residents of the State of
Wisconsin who, at all times material hereto, owned and resided on the property located at 2955 Division Road, Jackson, WI 53037. 111.
The plaintiffs, Marvin J. and Arlene D. Rusch Living Trust, 1555 Spring Valley
Road, Jackson, WI 53037, c/o Keith Rusch, 2955 Division Road, Jackson, WI 53037, at all times material hereto, owned properties located at Spring Valley Road, Jackson, WI 53037 (parcel no. T7 0893); Pioneer Road, Jackson, WI 53037 (parcel no. T7 0894 00A); Division Road, Jackson, WI 53037; Spring Valley Road, Jackson, WI 53037 (parcel no. T7 0884); 1555 Spring Valley Road, Jackson, WI 53037; Pioneer Road, Jackson, WI 53037 (parcel no. T7 0890); Spring Valley Road, Jackson, WI 53037 (parcel no. T7 0885 00Z); 1501 Spring Valley Road, Jackson, WI 53037; and, Pioneer Road, Jackson, WI 53037 (parcel no. T70891 00Y). 112.
The plaintiffs, Jonathan and Carrie L. Sanford, are adult residents of the State of
Wisconsin who, at all times material hereto, owned and resided on the property located at 1515 Spring Valley Road, Jackson, Wisconsin 53037.
33
Complaint
113.
The plaintiffs, John R. and Margaret J. Schmahl, are adult residents of the State of
Wisconsin who, at all times material hereto, resided on the property located at N168 W19677 Main Street, Jackson, WI 53037; the plaintiffs, John R. and Margaret J. Schmahl Trust, at all times material hereto, owned the property located at N168 W19677 Main Street, Jackson, WI 53037. 114.
The plaintiffs, Schmahl Family Ltd. Partnership and Reuben J. Schmahl Living
Trust c/o John Schmahl, at all times material hereto, owned the property located at N168 W19721 Main Street, Jackson, WI 53037. 115.
The plaintiff, Evan R. Schmidt, is an adult resident of the State of Wisconsin who,
at all times material hereto, resided on the property located at 2097 Mill Road, Jackson, WI 53037. 116.
The plaintiff, Diana L. Schoen, is an adult resident of the State of Wisconsin who,
at all times material hereto, owned and resided on the property located at N161 W19116 Oakland Drive, Jackson, WI 53037. 117.
The plaintiffs, Paul and Karen Schreck, are adult residents of the State of Wisconsin
who, at all times material hereto, owned and resided on the property located at 1891 Mill Road, Jackson, WI 53037. 118.
The plaintiff, Renee Schultz (a/k/a Renee Schoenherr), is an adult resident of the
State of Wisconsin who, at all times material hereto, owned and resided on the property located at 2771 Maple Road, Jackson, WI 53037. 119.
The plaintiffs, Patrick M. and Janis J. Sierra, are adult residents of the State of
Wisconsin who, at all times material hereto, owned and resided on the property located at 1845 Sherman Road, Jackson, WI 53037.
34
Complaint
120.
The plaintiffs, Eric J. and Mary W. Skowlund, are adult residents of the State of
Wisconsin who, at all times material hereto, owned and resided on the property located at 3123 Center Road, Cedarburg, WI 53012. 121.
The plaintiffs, Daniel and Tracey Stadler, Rebekah Stadler, Jerome A. and Judith S.
Stadler, are adult residents of the State of Wisconsin who, at all times material hereto, resided on the property located at 2723 Maple Road, Jackson, WI 53037; at all times material hereto, the Jerome A. and Judith S. Stadler Trust, was the owner of the property located at 2723 Maple Road, Jackson, WI 53037. 122.
The plaintiffs, Joshua J. and Melissa Staller (a/k/a Melissa K. Zarling), are adult
residents of the State of Wisconsin who, at all times material hereto, owned and resided on the property located at 1507 Western Avenue, Jackson, WI 53037. 123.
The plaintiffs, Michael J. and Jennifer L. Starzman, are adult residents of the State
of Wisconsin who, at all times material hereto, owned and resided on the property located at 2961 Crosswind Trail, Jackson, WI 53037. 124.
The plaintiffs, John M. and Michele Stiemke, are adult residents of the State of
Wisconsin who, at all times material hereto, resided on the property located at 2014 Hummingbird Drive, Jackson, WI 53037. At all times material hereto, John M. Stiemke owned the property at 2014 Hummingbird Drive, Jackson, WI 53037. 125.
The plaintiffs, Thomas and Lora Strobel, are adult residents of the State of
Wisconsin who, at all times material hereto, owned and resided on the property located at 3166 Wildflower Lane, Jackson, WI 53037.
35
Complaint
126.
The plaintiffs, Mark R. and Christine A. Sulok, are adult residents of the State of
Wisconsin who, at all times material hereto, owned and resided on the property located at 2945 Crosswind Trail, Jackson, WI 53037. 127.
The plaintiffs, Robert D. and Rita A. Sumter, are adult residents of the State of
Wisconsin who, at all times material hereto, owned and resided on the property located at 1375 Ponderosa Drive, Jackson, WI 53037. 128.
The plaintiffs, Robert C. and Tammy L. Tetzlaff, are adult residents of the State of
Wisconsin who, at all times material hereto, owned and resided on the property located at 2007 Hummingbird Drive, Jackson, WI 53037. 129.
The plaintiff, Mark S. Tischer, is an adult resident of the State of Wisconsin who, at
all times material hereto, owned and resided on the property located at 2693 Maple Road, Jackson, WI 53037. 130.
The plaintiff, Spotted T Farms, LLC, a domestic LLC under the laws of the State of
Wisconsin, c/o Michael Truntz, 8496 Western Avenue, Cedarburg, WI 53012; at all times material hereto, the plaintiff Spotted T Farm, LLC owned the property located at 1511 Western Avenue, Jackson, WI 53037; also at all times material hereto, Spotted T Farms, LLC is owned equally by plaintiffs Michael and Sandra Truntz, Jessica Truntz and Chelsea Truntz. 131.
The plaintiffs, Michael J. and Michelle L. Uutala, are adult residents of the State of
Wisconsin who, at all times material hereto, owned and resided on the property located at 3165 Wildflower Lane, Jackson, WI 53037. 132.
The plaintiffs, Ronald J. and Donna J. Van Ryzin, are adult residents of the State of
Wisconsin who, at all times material hereto, owned and resided on the property located at 1426 Hwy. 60, Cedarburg, WI 53012. 36
Complaint
133.
The plaintiffs, Michael J. and Linda L. Vargo, are adult residents of the State of
Wisconsin who, at all times material hereto, owned and resided on the property located at 1401 Hacienda Lane, Cedarburg, WI 53012. 134.
The plaintiffs, Randall and Susan Vogel are adult residents of the State of
Wisconsin who, at all times material hereto, through the Randall and Susan Vogel Living Trust, along with the William L. Vogel and Joyce E. Vogel Living Trust own Spring Valley Properties, LLC, a domestic LLC under the laws of the State of Wisconsin, located at 1891 Spring Valley Road, Jackson WI 53037, Township Warehouses, LLC, a domestic LLC under the laws of the State of Wisconsin, located at1894 Spring Valley Road, Jackson, WI 53037, and Vogel Seed & Fertilizer, Inc., a domestic corporation under the laws of the State of Wisconsin, located at 1891 and 1861 Spring Valley Road, Jackson, WI 53037. 135.
The plaintiffs, William and Joyce Vogel are adult residents of the State of
Wisconsin who, at all times material hereto through the William and Joyce Vogel Living Trust along with the Randall and Susan Vogel Living Trust own Spring Valley Properties, LLC, is a domestic LLC under the laws of the State of Wisconsin, located at 1891 Spring Valley Road, Jackson WI 53037, Township Warehouses, LLC, a domestic LLC under the laws of the State of Wisconsin, located at1894 Spring Valley Road, Jackson, WI 53037, and Vogel Seed & Fertilizer, Inc., a domestic corporation under the laws of the State of Wisconsin, located at 1891 and 1861 Spring Valley Road, Jackson, WI 53037. 136.
The plaintiffs, Michael A. and Sandra L. Vorwerk, are adult residents of the State
of Wisconsin who, at all times material hereto, resided on the property located at 1796 Sherman Road, Jackson, WI 53037.
37
Complaint
137.
The plaintiffs, Jerold R. and Jean Wagenknecht, are adult residents of the State of
Wisconsin who, at all times material hereto, resided on the property located at 3209 Maple Road, Jackson, WI 53037; the plaintiff Jerold R. Wagenknecht, at all times material hereto, owned the property located at 3209 Maple Road, Jackson, WI 53037. 138.
The plaintiffs, Thomas S. and Gwendolyn A. Wagner, are adult residents of the
State of Wisconsin who, at all times material hereto, owned and resided on the property located at 1824 Western Avenue, Jackson, WI 53037. 139.
The plaintiffs, Todd M. and Lisa A. Wanta, are adult residents of the State of
Wisconsin who, at all times material hereto, owned and resided on the property located at 1982 Spring Valley Road, Jackson, WI 53037. 140.
The plaintiffs, George and Jane E. Welter, are adult residents of the State of
Wisconsin who, at all times material hereto, owned and resided on the property located at 3150 Center Road, Cedarburg, WI 53012. 141.
The plaintiffs, Stephen W. and Jeannine Weyker, are adult residents of the State of
Wisconsin who, at all times material hereto, resided on the property located at 2840 Division Road, Jackson, WI 53037; the plaintiff Stephen Weyker, at all times material hereto, owned the property located at 2840 Division Road, Jackson, WI 53037. 142.
The plaintiffs, Todd and Debra K. Weyker, are adult residents of the State of
Wisconsin who, at all times material hereto, owned and resided on the property located at 1991 Spring Valley Road, Jackson, WI 53037. 143.
The plaintiffs, Jeffrey S. and Heidi A. Williams, are adult residents of the State of
Wisconsin who, at all times material hereto, owned and resided on the property located at W194 N16045 Hickory Lane, Jackson, WI 53037. 38
Complaint
144.
The plaintiffs, Florian and Kara Wisinski, are adult residents of the State of
Wisconsin who, at all times material hereto, owned and resided on the property located at 3020 Maple, Jackson, WI a53037. 145.
The plaintiffs, Willard B. and Dorothy Wolff, are adult residents of the State of
Wisconsin who, at all times material hereto, resided on the property located at 3215 Division Road, Jackson, WI 53037; the plaintiff Willard B. Wolff, at all times material hereto, owned property located at 3215 Division Road, Jackson, WI 53037. 146.
The plaintiff, Jon C. Zandi, is an adult resident of the State of Wisconsin who, at all
times material hereto, owned and resided on the property located at 3207 Division Road, Jackson, WI 53037. 147.
The plaintiffs, Otto and Kathryn R. Zurbuchen, are adult residents of the State of
Wisconsin who, at all times material hereto, owned and resided on the property located at 2055 Spring Valley Road, Jackson, WI 53037. 148.
The plaintiff, Otto Zurbuchen, is an adult resident of the State of Wisconsin who
resides at 2055 Spring Valley Road, Jackson, WI 53037, and, at all times material hereto, owned the properties located at Spring Valley Road, Jackson, WI 53037 (parcel no. T7 0858) and Spring Valley Road, Jackson, WI 53037 (parcel no. T7 0859). 149.
At the present time, the defendant, West Shore Pipe Line Company, is a foreign
limited liability company licensed to do business in the State of Wisconsin with its principal offices located at 3400 South Badger Road, Arlington Heights, Illinois 60005, whose registered agent for service of process is CSC-Lawyers Incorporating Service Company, 8040 Excelsior Drive, Suite 400, Madison, Wisconsin 53717. Defendant West Shore Pipe Line Company owns and/or operates the West Shore Pipe Line (“Pipe Line”), which is a common carrier petroleum 39
Complaint
pipeline system. The West Shore Pipeline transports refined petroleum products from Chicago to markets in Illinois and Wisconsin. 150.
Upon information and belief, the defendant, Buckeye Partners, L.P. (“BPL”) is a
foreign master limited partnership licensed to do business in the State of Wisconsin with its principal offices located at Five Tek Park, 9999 Hamilton Blvd., Breinigsville, Pennsylvania 18031, whose registered agent for service of process is CSC-Lawyers Incorporating Service Company, 8040 Excelsior Drive, Suite 400, Madison, Wisconsin 53717. Through subsidiaries, BPL owns and operates Pipe Line systems, including the West Shore Pipe Line. 151.
Upon information and belief, the defendant, Buckeye Pipe Line Holdings, L.P.
(“BPH”) is a foreign limited partnership licensed to do business in the State of Wisconsin with its principal offices located at Five Tek Park, 9999 Hamilton Blvd., Breinigsville, Pennsylvania 18031, whose registered agent for service of process is CSC-Lawyers Incorporating Service Company, 8040 Excelsior Drive, Suite 400, Madison, Wisconsin 53717. BPH is a subsidiary of BPL that owns and/or operates Pipe Line systems, including the West Shore Pipe Line. 152.
Upon information and belief, the defendant Buckeye Pipe Line Company, L.P.
(“BPLC”) is a foreign limited partnership licensed to do business in the State of Wisconsin with its principal offices located at Five Tek Park, 9999 Hamilton Blvd., Breinigsville, Pennsylvania 18031, whose registered agent for service of process is CSC-Lawyers Incorporating Service Company, 8040 Excelsior Drive, Suite 400, Madison, Wisconsin 53717. BPLSC is a subsidiary of BPL that operates and/or owns Pipe Line systems, including the West Shore Pipe Line. 153.
At the present time, the defendant, Buckeye Pipe Line Services Company
(“BPLSC”), is a foreign limited liability company licensed to do business in the State of Wisconsin with its principal offices located at Five Tek Park, 9999 Hamilton Blvd., Breinigsville, 40
Complaint
Pennsylvania 18031, whose registered agent for service of process is CSC-Lawyers Incorporating Service Company, 8040 Excelsior Drive, Suite 400, Madison, Wisconsin 53717. 154.
At the present time, the defendant, ABC Insurance Corporation, is a fictitious
insurance corporation and on information and belief provides liability coverage for the claims herein for the defendant West Shore Pipe Line Company. 155.
At the present time, the defendant, DEF Insurance Corporation, is a fictitious
insurance corporation and on information and belief provides liability coverage for the claims herein for the defendant Buckeye Pipe Line Services Company. 156.
At the present time, the defendant, GHI Insurance Corporation, is a fictitious
insurance corporation and on information and belief provided liability coverage for the claims herein for one or more of the defendants. 157.
At the present time, the defendant, JKL Insurance Corporation, is a fictitious
insurance corporation and on information and belief provided liability coverage for the claims herein for one or more of the defendants. 158.
At the present time, the defendant, MNO Insurance Corporation, is a fictitious
insurance corporation and on information and belief provided liability coverage for the claims herein for one or more of the defendants. 159.
At the present time, the defendant, PQR Insurance Corporation, is a fictitious
insurance corporation and on information and belief provided liability coverage for the claims herein for one or more of the defendants. 160.
At the present time, the defendant, STU Insurance Corporation, is a fictitious
insurance corporation and on information and belief provided liability coverage for the claims herein for one or more of the defendants. 41
Complaint
161.
At the present time, the defendant, VWX Insurance Corporation, is a fictitious
insurance corporation and on information and belief provided liability coverage for the claims herein for one or more of the defendants. 162.
At the present time, the defendant, XZ Insurance Corporation, is a fictitious
insurance corporation and on information and belief provided liability coverage for the claims herein for one or more of the defendants. FACTS COMMON TO ALL COUNTS 163.
Plaintiffs reallege and incorporate paragraphs 1 – 162 as though fully set forth
164.
Defendants are the owners and/or operators of the West Shore Pipe Line.
165.
The Pipe Line is a “Hazardous Liquids Pipeline” as defined in 49 CFR sec. 195.1,
herein.
subject to design, operation, maintenance, corrosion control, testing, monitoring, reporting, investigation and repair requirements set forth in 49 CFR sec. 195.0, et seq. 166.
The Pipe Line is a ten-inch diameter low frequency electric resistance welded
(ERW) pipe extending over 650 miles from Chicago to multiple points in Wisconsin, including Milwaukee. 167.
The Pipe Line transports approximately 70,000 barrels of refined gasoline per day,
which is equivalent to approximately 2,940,000 gallons per year. 168.
The Pipe Line was manufactured and installed in the early 1960s. The Pipe Line
runs beneath and around and affects all of Plaintiffs’ properties described in paragraphs 1 – 148, in Washington and Ozaukee Counties, Wisconsin.
42
Complaint
169.
Defendants knew or should have known since at least the late 1980s that all ERW
pipes manufactured prior to 1970 were susceptible to operational pipe failures involving pipe seams. 170.
The refined gasoline that is transported by the Pipe Line contains benzene and a
variety of other gasoline constituents. 171.
Gasoline product and gasoline constituent product exposures cause cancer and other
illnesses in laboratory animals, induce DNA damage in humans, and increase the risk of cancer and other illnesses in humans. There is no safe level of gasoline product and/or gasoline constituent; any exposure will cause cellular damage and increase the risk of cancer and other illnesses in those exposed. 172.
The United States Department of Health and Human Services, the Environmental
Protection Agency, and the International Agency for Cancer Research, among others, recognize benzene as a known human carcinogen. Benzene exposure is a confirmed cause of acute myeloid/myelogenous leukemia in humans, and is suspected to be a cause of other hematopoietic malignancies in humans, such as chronic myelogenous leukemia, chronic lymphocytic leukemia, non-Hodgkin’s lymphoma, and multiple myeloma. Recent studies suggest that benzene is a threat to humans at lower levels than previous studies indicated. Benzene also causes known acute health effects in humans, including anemia and excessive bleeding. 173.
On or about July 17, 2012, a section of the Pipe Line carrying refined gasoline
failed at 1880 Western Avenue in the Town of Jackson, Washington County, Wisconsin. 174.
All Plaintiffs own property and/or reside in Washington County, Wisconsin.
43
Complaint
175.
The Pipe Line release occurred, and Plaintiffs own property and/or reside in a
“High Consequence Area” (HCA) and/or an “Unusually Sensitive Area (USA) pursuant to 49 CFR sec. 195.450 and 49 CFR 195.6, respectively. 176.
Defendants acknowledge that at least approximately fifty-five thousand (55,000)
gallons of refined gasoline were released into the soil and aquifers beneath, around and affecting Plaintiffs’ properties through an approximate nine (9) foot fracture that occurred in a pipe seam in the affected Pipe Line. 177.
The entire aquifer that supplies water to the Town of Jackson, including Plaintiffs’
properties, is contaminated or threatened by contamination from gasoline and/or gasoline constituents from Defendants’ Pipe Line. 178.
Upon information and belief, Plaintiffs were advised by the Wisconsin Department
of Natural Resources not to use the contaminated water for, among other things, drinking, cooking, food preparation, bathing, laundry, and gardening. 179.
Clean water is a basic and most precious resource as well as a fundamental
commodity. Water supports direct human needs and also supports wildlife and natural resources that contribute to the health, economy, and general well-being of the people of the plaintiffs. 180.
As a result of the gasoline and gasoline groundwater contamination, Plaintiffs have
been placed at an increased risk of cancer, suffering nausea, vomiting, diarrhea, eyes nose and throat irritations, rashes, and other illnesses now and in the future. 181.
Plaintiffs’ property values have suffered as a result of the contamination.
182.
Plaintiffs’ use and enjoyment of their properties has been adversely affected by
virtue of inconvenience, disturbance and annoyance caused by the gasoline and gasoline
44
Complaint
constituent contamination in the soils and aquifers beneath, around, and affecting Plaintiffs’ properties. 183.
Plaintiffs may be required to expend large sums of money to remediate benzene and
other gasoline constituents on their land caused by the introduction of benzene and other gasoline constituents into their water supply, and to develop a new and/or alternative source(s) of water. CAUSES OF ACTION COUNT I: STRICT LIABILITY FOR AN ABNORMALLY DANGEROUS ACTIVITY (ALL DEFENDANTS) 184.
Plaintiffs reallege and incorporate by reference as if fully set forth herein the
allegations contained in Paragraphs 1 - 183 inclusive. 185.
Defendants own, owned, operated and/or otherwise controlled the Pipe Line at the
time of the release of gasoline and gasoline constituents into the subsurface, groundwater and surrounding land. 186.
The use and transportation of gasoline containing benzene and other gasoline
constituents in close proximity to private water supply wells is an abnormally dangerous activity which exposed Plaintiffs to a severe risk of harm, regardless of the degree of caution which Defendants might have exercised. 187.
Defendants knew of the environmental and health hazards associated with the
release of gasoline constituents into the subsurface, groundwater and surrounding land. Therefore, Defendants’ activities were abnormally dangerous per se. In addition, Defendants’ use and transportation of gasoline through a defectively designed, constructed, maintained, and/or utilized Pipe Line in a well-populated area, such as the Town of Jackson, which Defendants knew to be an
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HCA and/or USA because of the reliance on groundwater as the sole water resource, independently renders these activities abnormally dangerous. 188.
As a direct and proximate result of Defendants’ transportation of gasoline beneath,
around, and affecting Plaintiffs’ properties, contaminants were released into the environment, thereby injuring Plaintiffs. Injuries include actual present harm to Plaintiffs’ persons, property and economic interests, and potential future harm to Plaintiffs due to the threat of future contamination. These injuries constitute the type and harm which make the activities abnormally dangerous. 189.
Defendants’ conduct was a direct and proximate cause of injuries to Plaintiffs
causing actual present harm to Plaintiffs’ person, property and economic interests and creating an increased risk of future harm to Plaintiffs. Plaintiffs are entitled to recover damages for such present and future injuries, including: non-economic impacts; costs of providing and maintaining a program of medical monitoring based on any exposures to gasoline and its constituents; diminution of property value and loss of property appreciation; reimbursement and remediation of Plaintiffs’ water supply, including payment by Defendants of all costs associated with the creation, installation, and maintenance of alternative water sources and water treatment systems; loss of use and enjoyment of Plaintiffs’ properties; and damages for all other losses and injuries caused by Defendants. Damages will be determined at trial. COUNT II: NEGLIGENCE (ALL DEFENDANTS) 190.
Plaintiffs reallege and incorporate by reference as if fully set forth herein the
allegations contained in Paragraphs 1 – 189 inclusive. 191.
Defendants transported, shipped and handled gasoline through the Pipe Line
beneath, around, and affecting Plaintiffs’ properties. 46
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192.
Defendants knew or should have known that the construction, maintenance,
inspection and utilization of a Pipe Line transporting gasoline containing benzene and other constituents could spill or otherwise be released into the groundwater beneath, around, and affecting Plaintiffs’ property and could mix with the groundwater causing a toxic plume beneath, around and affecting Plaintiffs’ property. 193.
Defendants owed Plaintiffs a duty to exercise reasonable care in the design,
construction, operation, utilization, maintenance, monitoring, inspection and repair of the Pipe Line which was transporting gasoline containing benzene and other gasoline constituents. Defendants had a duty to prevent and contain the discharge and release of these toxic and hazardous substances which might harm persons, property or economic interests of Plaintiffs. 194.
Defendants breached these duties by their negligent design, construction, operation,
utilization, maintenance, monitoring, inspection and repair of the Pipe Line. Defendants’ negligence has resulted in dangerous releases of hazardous and toxic substances beneath, around and affecting Plaintiffs’ property. These actual and continued releases and discharges are ongoing and have subjected Plaintiffs to an unreasonable risk of harm, threat of future harm, and actual injuries to their persons, property and economic interests. 195.
Defendants’ negligence was a direct and proximate cause of injuries to Plaintiffs
causing actual present harm to Plaintiffs’ person, property and economic interests and creating an increased risk of future harm to Plaintiffs. Plaintiffs are entitled to recover damages for such present and future injuries, including: non-economic impacts; costs of providing and maintaining a program of medical monitoring based on any exposures to gasoline and its constituents; diminution of property value and loss of property appreciation; reimbursement and remediation of Plaintiffs’ water supply, including payment by Defendants of all costs associated with the creation, 47
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installation, and maintenance of alternative water sources and water treatment systems; loss of use and enjoyment of Plaintiffs’ properties; and damages for all other losses and injuries caused by Defendants. Damages will be determined at trial. COUNT III: PRIVATE NUISANCE (ALL DEFENDANTS) 196.
Plaintiffs reallege and incorporate by reference as if fully set forth herein the
allegations contained in Paragraphs 1 - 195 inclusive. 197.
All Defendants own, owned, operated and/or otherwise exercised control over the
Pipe Line and associated equipment located on the Plaintiffs’ properties described herein at the time of the release of gasoline and gasoline constituents into the groundwater and surrounding land. 198.
Defendants owed Plaintiffs a duty to exercise reasonable care in the design,
construction, operation, utilization, maintenance, monitoring, inspection and repair of the Pipe Line which was transporting gasoline containing benzene and other gasoline constituents. Defendants had a duty to prevent and contain the discharge and release of these toxic and hazardous substances which might harm persons, properties or economic interests of Plaintiffs. 199.
Defendants breached these duties by their negligent design, construction, operation,
utilization, maintenance, monitoring, inspection and repair of the Pipe Line. Defendants’ negligence has resulted in dangerous releases of hazardous and toxic substances beneath around and affecting plaintiffs’ properties. These actual and continued releases and discharges are ongoing and have subjected plaintiffs to an unreasonable risk of harm, threat of future harm, and actual injuries to their persons, properties, and economic interests.
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200.
At all material times, Plaintiffs were in lawful possession of their land. Defendants’
maintenance, operation, inspection and utilization of the Pipe Line and associated equipment have resulted in an unreasonable and continuous invasion of and interference with Plaintiffs’ properties, which has materially diminished the value of the Plaintiffs’ properties and seriously interfered with their rights to use and enjoy their properties. This unreasonable and continuous invasion of and interference with Plaintiffs’ properties includes the presence of gasoline and gasoline constituents on Plaintiffs’ property and in Plaintiffs’ water supply wells, as well as of Defendants’ representatives, contractors, and other agents on and near Plaintiffs’ properties to conduct tests and other remediation efforts. 201.
Defendants’ unreasonable emission and release of toxic and hazardous substances
beneath, around and affecting Plaintiffs’ properties is substantially offensive, discomforting and annoying to persons of ordinary sensibilities, tastes and habits. The offensiveness, discomfort, and annoyance consist of, but are not limited to, the contamination of the sole-source aquifer and Plaintiffs’ water supply, oppressive odors and fumes, persistent noise, floodlights and other disruptions. 202.
Defendants’ interference with Plaintiffs’ rights has been so unusual and excessive
that it necessarily caused and continues to cause immediate and substantial damage, harm and inconvenience to Plaintiffs. Plaintiffs’ damages include, but are not limited to, the cost of obtaining an alternate water supply for their personal use; restoration costs attributable to the presence of gasoline constituents on their properties; damages for the continual noise from remedial systems installed on or near their properties; and damages from increased traffic and inconvenience from consultants conducting sampling and other investigative tasks and remedial activities on and near their properties. 49
Complaint
203.
Defendants’ use and transportation of gasoline through Plaintiffs’ property and
subsequent release of the gasoline through the burst in the Pipe Line has resulted in an entry and intrusion, and the continued entry and intrusion onto and into Plaintiffs’ properties without privilege, permission, invitation or justification. 204.
Defendants’ conduct was a direct and proximate cause of injuries to Plaintiffs
causing actual present harm to Plaintiffs’ person, property and economic interests and creating an increased risk of future harm to Plaintiffs. Plaintiffs are entitled to recover damages for such present and future injuries, including: non-economic impacts; costs of providing and maintaining a program of medical monitoring based on any exposures to gasoline and its constituents; diminution of property value and loss of property appreciation; reimbursement and remediation of Plaintiffs’ water supply, including payment by Defendants of all costs associated with the creation, installation, and maintenance of alternative water sources and water treatment systems; loss of use and enjoyment of Plaintiffs’ properties; and damages for all other losses and injuries caused by Defendants. Damages will be determined at trial. COUNT IV: NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS (ALL DEFENDANTS) 205.
Plaintiffs reallege and incorporate by reference as if fully set forth herein the
allegations contained in paragraphs 1 – 204 inclusive. 206.
Defendants’ negligent design, operation, maintenance, corrosion control,
inspection, utilization, testing, monitoring, reporting, investigation and repair of the Pipe Line and associated equipment resulting in the release of gasoline beneath, around and affecting Plaintiffs’ properties has resulted in Plaintiffs’ severe emotional distress, including but not limited to worries over harm to property values and damage to economic interests. 50
Complaint
207.
Defendants’ negligent conduct directly and proximately caused and continues to
cause Plaintiffs’ severe emotional distress, including but not limited to Plaintiffs’ emotional distress over harm to property values and damage to economic interests. COUNT V: NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS (ALL DEFENDANTS) 208.
Plaintiffs reallege and incorporate by reference as if fully set forth herein the
allegations contained in paragraphs 1 – 207 inclusive. 209.
Defendants’ negligent design, operation, maintenance, corrosion control,
inspection, utilization, testing, monitoring, reporting, investigation and repair of the Pipe Line and associated equipment and resulting release of gasoline beneath, around and affecting Plaintiffs’ properties has resulted in Plaintiffs’ severe emotional distress, including but not limited to worries regarding adverse personal health consequences and fear of cancer caused by benzene, a known carcinogen. 210.
Defendants’ negligent conduct directly and proximately caused and continues to
cause Plaintiffs’ severe emotional distress, including but not limited to worries regarding adverse personal health consequences and fear of cancer caused by benzene, a known carcinogen. COUNT VI: TRESPASS TO LAND (ALL DEFENDANTS) 211.
Plaintiffs reallege and incorporate by reference as if fully set forth herein the
allegations contained in Paragraphs 1 - 210 inclusive. 212.
Defendants negligently allowed contaminants to migrate into the soil and
groundwater serving certain Plaintiffs’ properties (“Trespass Plaintiffs”). Upon information and belief, more Plaintiffs’ properties will test positive for contaminants with the spread of the plume.
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213.
The discharge of contaminants onto and into Trespass Plaintiffs’ properties and
drinking water supply has interfered, and continues to interfere, with the Trespass Plaintiffs’ interests in the exclusive possession their land, and therefore constitutes an actual and/or constructive trespass to Trespass Plaintiffs’ properties. 214.
Trespass Plaintiffs’ properties continue to be threatened, exposed to and/or
contaminated by hazardous chemicals and materials emanating from the Pipe Line. 215.
Defendants’ negligent maintenance, operation, inspection and utilization of the Pipe
Line have resulted in an entry and intrusion onto the Trespass Plaintiffs’ properties without privilege, permission, invitation or justification. 216.
Defendants’ conduct was a direct and proximate cause of injuries to Trespass
Plaintiffs causing actual present harm to Trespass Plaintiffs’ person, property and economic interests and creating an increased risk of future harm to Trespass Plaintiffs. Trespass Plaintiffs are entitled to recover damages for such present and future injuries, including: non-economic impacts; costs of providing and maintaining a program of medical monitoring based on any exposures to gasoline and its constituents; diminution of property value and loss of property appreciation; reimbursement and remediation of Trespass Plaintiffs’ water supply, including payment by Defendants of all costs associated with the creation, installation, and maintenance of alternative water sources and water treatment systems; loss of use and enjoyment of Trespass Plaintiffs’ properties; and damages for all other losses and injuries caused by Defendants. Damages will be determined at trial. COUNT VII: PUNITIVE DAMAGES (ALL DEFENDANTS) 217.
Plaintiffs reallege and incorporate paragraphs 1 – 216 inclusive. 52
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218.
Upon information and belief, Defendants acted maliciously or in an intentional
disregard of the rights of Plaintiffs, including but not limited to, the safety, health, property, and welfare of Plaintiffs by failing to conduct the necessary and proper inspection, testing, repair or other action appropriate to prevent the likelihood of operational failure caused by fracture of the Pipe Line located in an HCA and/or USA. 219.
Defendants’ malicious or intentional disregard of Plaintiffs’ rights was a direct and
proximate cause of all of Plaintiffs damages herein alleged. Upon information and belief, the aforesaid conduct of Defendants was such as to subject them to punitive damages incident to the damages as alleged in this Complaint. WHEREFORE, Plaintiffs demand relief as follows: a. Compensatory damages in an amount in excess of this Court’s minimal jurisdictional limits, including but not limited to damages representing: i) Costs of providing Plaintiffs with an alternate source of potable water as a result of the contamination of Plaintiffs’ drinking water supply; ii) Damages representing the diminution in Plaintiffs’ property values; iii) Damages sufficient to compensate Plaintiffs for the diminished value in their business entities, lost profits, interference with business operations and loss of good will; iv) Damages sufficient to compensate Plaintiffs for past, present and future pain and suffering, past and future mental anguish, fear and worry, inconvenience, reduction in quality of life, lost wages, earning capacity, reasonable medical expenses and loss of use and enjoyment of their properties; and
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Complaint
v) Costs of providing and maintaining a program of medical monitoring sufficient to allow qualified medical and toxicological professionals to evaluate the effects of Plaintiffs’ exposure to gasoline, gasoline constituents, and other harmful and hazardous substances present in Plaintiffs’ water supply as a result of Defendants’ acts and omissions; b. Restoration damages representing the costs to fully investigate, monitor, clean and restore Plaintiffs’ properties and the water supply that Defendants caused to be contaminated; c. Punitive damages; d. Plaintiffs’ costs and fees associated with this litigation; and e. Such other and further relief as the nature of Plaintiffs’ causes may require. PLAINTIFFS DEMAND THAT ALL ISSUES RAISED ABOVE BE TRIED BEFORE A JURY OF TWELVE PERSONS. Dated this _______ day of December, 2012. HABUSH HABUSH & ROTTIER S.C.®
Robert L. Habush State Bar No.: 1008419 Daniel A. Rottier State Bar No.: 1016998 Rhonda L. Lanford State Bar No.: 1027017 Jason Knutson State Bar No.: 1035801 Attorneys for Plaintiffs 150 E. Gilman St. #2000 Madison, WI 53703 54
Complaint
(608) 255-6663
Law Offices of Peter G. Angelos, P.C. H. Russell Smouse, Esquire Charles G. Bernstein, Esquire William Kurtz, Esquire Craig Silverman, Esquire Christopher Wright, Esquire One Charles Center 100 N. Charles Street 22nd Floor Baltimore, MD 21204-5324 Phone: 410-649-2000
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