Steven Q. Wruck v. Town of Eagle, et.al.
18-CV-1193 (Waukesha County)
Eagle Spring Lake Property Owners FAQ?
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.
- 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.