Mogenson sues city over a wall

Aug. 31--A local businessman who had a $2.5 million claim against the city of Eau Claire denied is now suing the city for an unspecified amount in damages.

John Mogensen, through his Seventh Ward School corporation, recently filed a civil suit against the city and its insurance company in Eau Claire County Court.

The claim, filed in October against the city, requested $2.5 million to repair the retaining/barrier wall at 9 S. Barstow Street, which is a parking lot adjacent to the Eau Claire River.

"The claim against the city arose as a result of the city discharging water on claimant's property," according to the claim, adding that the damage was "in conjunction with the city flushing its main water line."

In the civil lawsuit, the claim is that the city "negligently/intentionally discharged water destroying a critical retaining wall along the bank of the Eau Claire River."

The suit, filed Aug. 18, also alleges the discharge and consequent damage on July 9, 2014, created a nuisance, "significant harm" and didn't allow the plaintiff to properly use the property.

There was no monetary amount connected to the lawsuit, but requests an order to "abate the nuisance caused by the city's conduct" as well as legal fees and appropriate monetary relief.

City Risk Manager Colleen Schian on Tuesday said the "matter has been referred to our insurance company, Wisconsin Municipal Mutual Insurance Company(WMMIC) and they have assigned legal counsel. I do not believe WMMIC has formally denied this claim. It is city policy not to comment on any pending litigation."

There are no court dates set for the case.

An estimate of repair prepared in August 2015 by Lunda Construction of Black River Falls, estimates the cost of repairing the wall at between $2.3 and $2.5 million.

The proposed new wall would be similar to that of the one at the nearby confluence of the Chippewa and Eau Claire rivers required because of wall damage.

The Lunda estimate does not include backfill of the wall, certain repairs to the parking lot, railings and landscaping, but does include removal of the failed brick wall and other debris.

The proposed wall would have 65-feet tall sheet pile with about 20 feet of concrete facing.

Reporter contact: 715 830-5831, [email protected] and @crupnow on Twitter

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