The Milwaukee Common Council’s Judiciary and Legislation Committee on Dec. 8 recommended denying a series of property-damage claims tied to water-main breaks, sinkholes, potholes and other incidents, and referred each recommendation to the full Common Council for final action on Dec. 16.
Committee members repeatedly cited the city attorney’s and Milwaukee Water Works’ investigations showing crews responded and repaired mains in a timely manner, and that evidence did not show negligence. The committee’s recommendations will be formalized by the full council; if the council adopts the denials, claimants are then eligible to seek review in circuit court after receiving formal written denial from the city clerk.
Among the claims the committee recommended denying and referred to the full council were:
- Sale Homes LLC (Item 1250488): The claimant sought $7,663.95 for a sewage backup at 5262 N. 38th St. after a main water break. Milwaukee Water Works acknowledged repairing the main and paying for a new sewer lateral but said the lateral’s failure was caused by pressure from the break rather than negligent excavation; the city attorney’s office recommended denial.
- Progressive Subrogation on behalf of Terrell Gamble (Item 8250832): the insurer’s claim was automatically set for denial with no objections.
- Multiple other claims (pothole, sinkhole, property-damage appeals): the committee followed city-investigation findings of timely repairs and lack of prior notice and moved denials or holds where appellants did not appear.
Several claimants urged the committee to consider causation and hardship. For example, the owner representing Sale Homes LLC said the timeline — city crews worked on the water main, then the backup occurred — made the link “very clear” and asked for “justice.” Milwaukee Water Works’ claims specialist Laurie Shealy responded that crews did not strike the sewer lateral during repairs, that the lateral had been replaced at the utility’s expense, and that the office follows standard tort/negligence principles when evaluating liability.
Committee process and next steps: The committee’s recommendations are advisory to the full council. If the full council adopts a recommendation of denial, the clerk will mail a formal denial letter; receiving that letter is the statutory precondition to filing suit in circuit court. Several claimants were advised to pursue their insurance remedies or civil litigation where appropriate.
The committee moved each denial (or hold) on the record and directed staff to refer files to the full council’s Dec. 16 meeting for final disposition.