Mold-Related Tenant Illness and Uninhabitability Suggests that Building Has No Beneficial Use

MADISON, Wis. - A Wisconsin appeals court ruled Aug. 6 that property owners who sued the Wisconsin Department of Transportation for constructing a bridge that allegedly caused flooding and mold in their building, had stated a claim upon which relief could be granted. Henry P. Cops and Geradus L. Cops v. City of Kaukauna, Wausau Underwriters Insurance Company, and Wisconsin Department of Transportation, Appeal No. 01-2792 (Wis. App., Dist. Three).

According to the court's decision reversing a trial court's decision to dismiss the claim, facts in the case, such as the tenants' alleged illness and uninhabitability of the building due …