Steven Q. Wruck v. Town of Eagle, et.al.
18-CV-1193 (Waukesha County)
There are 322 ESLMD property owners. Email provides an efficient and effective way to keep you updated. If you would like to receive status updates regarding this litigation via email, please provide your name and email address in the list serve form at the bottom of this page.
Update May 2019:
- Settlement Offer - Mr. Wruck submitted an offer of settlement to fully resolve his lawsuit with the District in October 2018, and renewed it again in late January 2019. The offer was that the lake management district simply buy his two parcels (dam parcel)(home parcel) currently valued at between $460-470,000. In late 2016, the District commissioned an acquisition appraisal for Mr. Wruck’s property. Wruck believes it has been the District’s intent all along to purchase his property which he is willing to sell for its fair market value. The practicality of a resolution pursuant to his offer is that the District would then control the dam, which it apparently needs to obtain grant money for improvements. The District, if it chose, could then resell the Mr. Wruck’s home parcel to substantially offset the acquisition costs. A lake property adjacent to Mr. Wruck’s parcels sold in February 2019 for $975,000. To date, the District has not responded.
- Wruck’s response to the District’s April 2019 Newsletter. The District reported in its April 2019 Newsletter that “ [it] does not accept the responsibility and liability of maintaining Mr. Wruck’s private property [i.e. his half of the dam] at the Lake District’s expense. [explanation added]. Mr. Wruck believes the District’s current position is contrary to prior easements and leases related to dam maintenance responsibilities. With the District unwilling to discuss resolution of this matter, in addition to seeking a judicial resolution, Mr. Wruck is talking with the DNR regarding his options.
- Order Dismissing Unjust Enrichment Claim. On 12/20/2018, Judge Domina entered an order dismissing Mr. Wruck’s Claim #8 [Unjust Enrichment] without prejudice.
- Amended Complaint. On 3/27/2019, Mr. Wruck filed an amended complaint adding two additional defendants, the DNR secretary and the Waukesha County Parks and Planning Director so that each government agency would be bound by a final decision of the circuit court regarding Mr. Wruck’s responsibility for maintaining his ½ of the dam for the benefit of all lake property owners. Wruck in the amended complaint, also requested relief of the circuit court against the Parks and Planning Director to require that the District abide by its conditional use permit. Mr. Wruck restated dismissed claim #8 in the amended complaint solely to preserve his appeal rights.
Eagle Spring Lake Property Owners FAQ?
- Plaintiff Steven Q. Wruck owns ½ of the Kroll Dam which impounds Eagle Spring Lake waters to form the lake and maintain water level heights. Mr. Wruck acquired the parcel in 2001.
- Why did Mr. Wruck file a lawsuit ? Mr. Wruck filed a lawsuit against the Town, the Eagle Spring Lake Management District (“ESLMD”) and its board members because of an ongoing property line dispute since 2001. In a nutshell, Mr. Wruck contends the ESLMD and its board have treated him unfairly by among others: encroaching on his half of the dam, trespassing and by failing to reimburse him for dam repairs, maintenance and improvements mandated by the DNR. The ESLMD board has essentially told him to “go pound sand”.
- Lake Property Owners. Eagle Spring Lake property owners have been named in this litigation as "John & Jane Does 1-400".
- Why have lake property owners been named as defendants? Lake property owners are named as defendants in this litigation because Mr. Wruck has been required by the DNR to expend over $20,000 to maintain, repair and make Dam improvements, expenses which benefit all lake property owners. Without these mandated improvements, the DNR would order the Kroll Dam removed.
- Who Represents the Plaintiff Steven Wruck? Attorney Gary W. Thompson.
- What Claim is Mr. Wruck making against lake property owners ? Mr. Wruck is making a claim against each Eagle Spring Lake property owner under the Doctrine of Unjust Enrichment. He will ask the court to award restitution of the value conferred upon and appreciated by each lake property owner resulting from his repairs, maintenance and improvements to the Kroll Dam. It is Mr. Wruck’s contention that in the absence of his repairs and improvements to the Dam, which benefit all lake property owners, the DNR would order his 1/2 of the Kroll Dam removed.
- What has been the ESLMD and board members’ response ? The Eagle Spring Lake Management District and it’s board members have responded to this lawsuit denying any liability.
- Who represents the ESLMD. The Eagle Spring Lake Management District is represented by the Kasdorf Law Firm, by attorney Thomas A. Cabush. Address: One Park Plaza, 11270 West Park Place, Ste 500, Milwaukee, WI 53224. 414-577-4027. www.kasdorf.com.
- Petition for Defendant Class Certification. Pursuant to Wisconsin Rules of Civil Procedure, §803.08, Mr. Wruck has petitioned the trial court, the Honorable William J. Domina (Br.11) presiding, for an order certifying a “defendant class action” with the ESLMD and its board members to be nominated to act as class representatives. Mr. Wruck will ask the court to adopt a mechanism for lake property owners to either “opt-in or opt out” of the defendant class.
- Do I have to do anything right now ? No, you will receive further communications from plaintiff’s counsel regarding this lawsuit and your rights and options once the procedures are established by the trial court.
- Where can I get a copy of the Complaint / Answer and Motion ? Go to the Dropbox link / icon above to get relevant pleadings in this case.