Wausau Daily Herald from Wausau, Wisconsin • 25

Wausau Daily Herald HomeStyle 5C Saturday, June 5, 1993 can seek legal remedies for nuisances Solutions are available for most disturbances By Robert Bruss Tribune Media Services Are you bothered by a loud barking dog, a smelly sewer works, a neighbor's junk-filled yard, a vacant lot where illegal drugs are sold, a noisy airport, or perhaps noise from a nearby business which disturbs you? If any of the above nuisances or similar disturbances bother you, read on to learn how to abate that problem. Since the legal remedies for each type of nuisance are different, it is important to know the characteristics of each disturbance. A private nuisance involves only a few people. If only a few neighbors are affected by an undesirable nuisance on nearby property, such as a loud barking dog or a neighbor's junk-filled lot, that is a private nuisance. If a city ordinance is being violated, the local police or other appropriate officials should be notified to stop the offensive activity.

However, if no law is being violated, but the nuisance interferes with the enjoyment of your property, that is a private nuisance. Your legal remedy is to sue the offending person for an injunction to stop or limit the private nuisance. If the court elects not to abate the nuisance, in the alternative then you may be entitled to monetary damages for loss of property value. But you should be aware there are several possible defenses to lawsuits involving private nuisances. They include: (a) you knew about the nuisance when you moved to the neighborhood and (b) the neighborhood has tolerated the nuisance for a long time.

Still another possible defense to a private nuisance is the statute of limitations which is three to five years in most states. But many courts view each private nuisance occurrence as a new event which starts the running of the statute of limitations again. Ineffective defenses often raised by the offending party include (a) there is no law violation, (b) there are other private or public nuisances in the vicinity, and (c) the zoning allows the offending activity. A public nuisance involves a large number of people. The other type of nuisance, a public nuisance, affects a considerable number of people, such as an entire neighborhood or city.

The legal remedy for abating a public nuisance is for a public official, such as the city or county attorney, to bring an abatement lawsuit against the offender. However, if the appropriate public officer refuses to bring a lawsuit to terminate the exists. Expert witnesses or other specialized evidence are required to prove to the judge or jury the extent of the alleged nuisance. For example, proving an adjacent house is being used as a house of prostitution or to sell illegal drugs requires more than just probability. Photographs or other factual evidence often are necessary.

If the alleged nuisance offers obvious community benefits, such as a smelly city sewer works, a court might be reluctant to order abatement if a suitable alternative is available, such as the city buying the nearby homes affected by the stench. Summary: Private and public nuisances which affect the enjoyment of private property can be abated in appropriate circumstances if the nuisance is provea But courts have considerable leeway in determining the appropriate legal remedy to rectify a private or public nuisance. public nuisance, such as when the nuisance is a city-owned dump which causes offensive smells, then a class-action lawsuit can be brought by the affected individuals. Many lawyers welcome class-action lawsuits like this which can result in huge legal fees. The possible legal relief from a public nuisance include (a) an injunction abating the offending activity, (b) partial abatement, (c) payment of monetary damages to the injured persons, and (d) a negotiated settlement.

For example, rather than close a noisy airport which creates hundreds of jobs and benefits thousands of passengers, the court might order mitigation of the noise and city-paid sound insulation or purchase of nearby homes. Proof of a nuisance can be difficult. Before rushing off to prove a private or public nuisance which bothers you, be aware of the difficulty proving such a nuisance really Driveway upkeep pays off beautifully 1 5-year fixed: 6.875 percent to 7.5 percent with points ranging from 0 to 2. 30-year fixed: 7.375 percent to 8 percent with points ranging from 0 to 1 .875. For more information, call the following banks which participated in this week's survey: Citizens Bank and Trust: 845-4301 Firstar: 845-1125 First Financial: 842-0585 First American Bank: 845-431 1 Marathon Savings: 845-7331 Security Bank SSB: 843-9300 Rates are quoted as of Thursday, based on 5 percent down on a $50,000 loan.

Rates do not include APR financing and are subject to change daily. To see your financial institution included, call Melissa Lake at 845-0665. the surface turns to ice during a freeze. Water expands when frozen and enlarges the cracks. Gas, grease and oil drippings act as solvents and damage the pavement by dissolving the asphalt, particularly during hot weather.

It's important to prepare your driveway before sealing it. Like any coating, sealer bonds better when applied over a clean surface. Also, patches and repairs last longer if they are made first, then protected by two coats of sealer. Begin by using a shovel or ice scraper to scrape off lumps of grease and dirt. Pull grass or weeds out of cracks, trying to remove their roots as well.

Otherwise, scrape them off flush to the surface. Use a knife or trowel to dig out the roots and dirt, and enlarge the hole to receive patching material. installed by an unscrupulous paver, and is only an inch or so thick, then it's probably already falling apart. Sealing and patching will help its appearance, but they only postpone its inevitable deterioration. Several forces act against even the best driveways, and here's what typically happens: Temperature cycles, especially freezing and thawing, cause the driveway to expand and contract over time.

Although flexible, a driveway has a limit to how many expansion-contraction cycles it can take. Eventually, small cracks open in its surface and water seeps through to the sub-base. Periodic wettings compact and settle the soil, creating a significant void under the pavement. Ultimately, the weight of an automobile will crush through the spot causing a pothole. Or, water trapped in cracks below The Associated Press Your driveway, like your house, can easily become an eyesore if you neglect it.

But it doesn't take much effort or money to keep an asphalt driveway in top shape and looking good. Also, routine driveway maintenance will keep small problems from becoming big ones and postpone the major expense of replacement. All a driveway needs is periodic attention, like filling cracks and potholes and applying a couple of coats of sealer. If your driveway was installed by a good paving contractor, it's about 4 inches thick and was well-rolled on a substantial sub-base. If so, it has probably stood up well and all it may need is occasional sealing for cosmetic purposes.

If, however, your driveway was Use a stiff broom to sweep clean the driveway and check for areas where grease, oil or gas drippings have marred and softened the surface. Scrub these spots with a driveway cleaning solution or with warm water and household detergent. Use a stiff scrub brush and spray rinse the area with a garden hose. Small holes and depressions are repaired with asphalt driveway patching compound. For a small hole, chip out all the broken blacktop material around the edges to about 2 inches deep.

Brush out or vacuum loose material and fill the hole with compound to about K-inch higher than the surrounding pavement. Use the end of a short length of 2-by-4 as a tamp to compact the compound until it's level with the pavement. Frederick W. and Lisa J. Haag, lot 23, North Slope Addition, town of Rib Mountain, $1 1 7,500.

Richard and Marie Sterm and John and Louise Rewey to Thomas and Tamara Warczak, lot 1 section 24, township 26N, range 6E, town of Mosinee, $8,900. Richard and Marie Sturm and John and Louise Rewey to Clarence and Jean Pochinski, section 24, township 27N, range 6E, town of Mosinee, $9,900. John Noel and Mildred Noel, as trustees of the Noel Family trust, to Harold and Ruth Salewski, unit 1 0, government lot 3, section 36, township 29N, range 7E, city of Wausau, $53,000. Donna Janz to Greg and Dawn Mariani, Wausau, section 21 township 27N, range 8E, town of Kronenwetter, $1 1 ,600. Charles and Charlene Hall to Richard and Renee Levek, Wausau, section 1 7, township 28N, range 7E, town of Rib Mountain, $81,000.

Raymond A. Syverson to Henry and Maria Walters, Wausau, lot 9, block 5, Grant School Addition, city of Wausau, $53,900. Donald and Carol Everson to Jeffrey and Melody Ryan, Schofield, section 1 9, village of Rothschild, $103,000. Bruce and Bonnie Ostrowski to Eugene and Virginia Keen, lot 3, block 4, Williams and Emters Second Addition, city of Wausau, $53,900. Donald and Janice Peterson to Peterson Funeral Home, Wausau, lots 7 and 8, block 4, A.

Warren Third Addition, $22,000. Louis and Fern Dresdow to Daniel and Delores Kukasky, section 20, township 28N, range 1 0E, town of Norrie, $5,600. Louis and Fern Dresdow to William C. Kukasky, section 20, township 28N, range 10E, town of Norrie, $4,200. Gregory and Lynn Ball to Brian and Carol DuCharme, Wausau, lots 1 and 2, block 5, Kiefer, Miller and ringle's Addition to Wausau, $66,500.

Ronald and Laurie Kempfer to James and Diane Kammerzelt, Mosinee, lot 9, Whispering Pines, town of Mosinee, $92,000. Gary Dziak and Tonia M. Cook to Brian and Christine Parks, Wausau, lot 6, block 6, A. Warren West Addition to the city of Wausau, $55,400. Richard and Renee Levek to Shaun and Jodi Mistlebauer, Wausau, lot 26, Barrington, town of Rib Mountain, $88,000.

Pierre and Mary Voge to Rodney Jablonski and Julie Ninne-mann, Wausau, lot 6, block 3, J.H. Koehler's Addition, city of Wausau, $58,000. Beverly D. Huckbody to Robert and Ann Geurink, lot 10, block 10, Crestwood Acres Second Addition, town of Weston, $67,500. Victor Bielen to Mark and Mary Dobeck, Belgrade, section 25, township 27N, range 6E, town of Mosinee, $50,000.

Eugene J. Katz to Robert and Grace Madura, Wausau, lots 4 and 5, block 1 V-Lee Realty Addition, city of Wausau, $18,000. James and Julieann Bergack-er to Julie Ann Barnes, Wausau, lot 1 5, Emerald Pines, city of Wausau, $410,000. Earl and Adeline Tessendorf to Charles and Julie Bremer, section 1 0, township 30N, range 7E, town of Maine, $22,750. Jean Winiecki and Jeanne JI Daley to Daniel and Jane Becker, section 1 township 28N, range 4E, town of Wein, $66,900.

Earl and Ruth Corazalla to -Shelley A. Rose, Wausau, lots 4 and 5, block 9, Johnson's Addition to the city of Wausau, $47,900. Thomas G. Rutz to Frederick' and Connie Haack, Wausau, lot 5, block 4, C.F. Dunbar's Addition, city of Wausau, $63,800.

Edward R. Krause to Edna Hinshaw, lot 3, block 2, Connor Addition to village of Stratford, $450. Paul W. Wergin and Wayne G. Fethke to Jack R.

Williams and Michael D. Siegel, Wausau, section 36, township 29N, range city of Wausau, $700,000. Glen and Angie Gower to Raymond and Rhonda Revord, section 32, township 26N, range 3E, city of Marshfield, $47,200. Ronald C. Wimmer to Mark and Tammy Low, lot 1 8, Sandy Creek Estates, town of Wausau, $11,500.

Isadore and Lucille Umlauft to Isadore J. Umlauft section 36, township 27N, range 4E, Marathon County, $9,000. William Vanwormer to Jeffrey and Kimberly Beecher, lot 3, block 1 0, Crestwood Acres Second Addition, $60,000. section 34, township 26N, range 9E, town of Bevent, $87,000. David Ostrowski to Paul and Caroline Cyr, Wausau, section 10, township 28N, range 8E, town of Weston, $77,000.

Roger and Mary Hancock to Paul T. Locher and Mary A. Yaeger, Schofield, lot 2, block 3, D.C. Everest School Addition, town of Weston, $77,500. Arthur and Isabelle Haas to Robert and Marion Haas, section 10, township 27N, range 2E, Marathon County, $53,300.

Thomas and Lynn Gelhar to Dennis and Judith Burr, Wausau, lot 16, block 3, A. Warren's Third Addition to Wausau, $68,900. Marjorie Montgomery to Jay C. and Jennifer Cole, section 33, township 26N, range 9E, town of Bevent, $55,000. Glen and Katsuko Thaig to Galen and Lynne Koprowski, Mosinee, section 30, township 27N, range 7E, Marathon County, $33,900.

Donald and Lucille Raasch to Gregory Koeferl and David E. Gehin, Merrill, section 2, township 30N, range 6E, town of Berlin, $25,000. Gary and Betty Gullixon to Toy and Lons Archer, lot 5, block 1 1 First Addition to Plantation Acres, town of Kronenwetter, $107,000. Jeffrey and Melody Ryan to Jeffrey and Ann Micholic, lot 8, block 4, D.C. Everest School Addition, town of Weston, $73,900.

Jane G. Henseler to John and Jane Hefko, section 36, township 26N, range 2E, city of Marshfield, $12,000. Joseph and Hattie Domagola to Dennis Domagola, section 1 0, township 26N, range 6E, town of Bergen, $1 38,300. Neil and Margaret Baur to Steven L. Baur, section 23, township 27N, range 5E, Marathon County, $12,000.

Barrington and Candace Campbell to Julie Wanta, section 34, township 29N, range 7E, city of Wausau, $7,000. William and Doris Schoenherr to Gene and Jennie Voigt, Marathon section 31 township 30N, range 6E, town of Berlin, $28,000. Ralph and Ruth Erickson to Steven and Roxane Kurth, section 1 1 township 30N, range 9E, Marathon County, $136,000. Forrest Tappe Builders Inc. to Forrest Tappe Builders Inc.

to Daniel and Margo Cuskey, lot 54, Louart Riverside Subdivision, $85,500. Alan and Diane Miskowiak to Thomas and Lonnie Thompson, Wausau, lot 4, block 1 1 Columbia Land Company's Addition to Columbian Addition, city of Wausau, $69,000. American Investment Company to Robert and Christine Streck, section 33, township 26N, range 7E, town of Knowlton, $50,000. Harriet McKeehan to Ria Moua and Youa T. Moua, 514 Elm Wausau, $22,500.

Zadith Salvador to Carol West-berg, Wausau, lot 16, Anderson Timber Investment Co's Addition, city of Wausau, $41 ,900. Arleen M. Keen to Jerome and Jane Keen, section 34, township 30N, range 1 0E, Marathon County, $22,000. Robert and Susan Schelble to Lawrence and Verjean Kunze, 714 E. Spruce Abbotsford, $52,000.

Star Blum, personal representative of the estate of Virginia Mootz, to John and Diane Perry, section 9, township 30N, range 5E, Marathon County, $90,000. Keith Gorski to Terry Wanta, Rothschild, 207 South Line Road, Rothschild, $21 ,600. Linda With to Mark and Joan Berg, Schofield, lot 52, Park Ridge Addition town of Weston, $78,000. Agnes Zimmermann to Daniel and Robin Norwood, lot 14, block 2, Kline Lake Park Addition, city of Wausau, $61 ,900. Forrest Tappe Builders Inc.

to Patrick Gartmann and Sherri Gavitt, lot 1 0, Louart Riverside Subdivision, town of Weston, $72,900. Clarence and Pauline Krohn to Dennis J. Schultz, outlot 1 plat Irene, village of Spencer, $26,900. Schuette Real Estate Fund to James and Susan Gobe, lot 6, Hobnail Court Subdivision, town of Rib Mountain, $17,900. Your Neighborhood Realty to lla C.

Jennings, Mosinee, lot 10, Polencheck Subdivision, city of Mosinee, Walter and Vivian Berger to James Zuge and Julie Western, Mosinee, lot 1 section 1 9, township 26N, range 7E, town of Knowlton, $147,700. Daniel and Christine Puetz to Frederick and Christine Heg, These are the real estate transactions for May 25 through May 28, 1 993. The total real estate transactions and value as of May 28, 1993, is 546 transactions valued at $30,546,735. Christopher and Carla Seward to David and Melissa Klein, lot 8, block 9, Harvey Woodward's Second Addition, town of Weston, $75,000. Gary F.

Hibbard to Elizabeth Deverell and Charles Nowak, lot 1 1 block 3, Paradise Valley Addition, town of Rib Mountain, $80,600. Ed Nelson Jr. and Marion Nelson to Reggie and Dawn Kauff-man, section 1 7, township 26N, range 2E, town of Spencer, $5,000. Terry Socha to David Socha, Edgar, lots 1 and 4, block 2, Original Plat of village of Edgar, $9,000. David Socha to David R.

and Beverly A. Miller, lots 1 and 4, block 2, Original Plat of the village of Edgar, $29,000. Donald and Sue Baker to Scott and Patricia Cozad, lot 10, block 8, First Addition to Plantation Acres, town of Kronenwetter, $89,900. Louis P. Guenther and Dorothy T.

Guenther to David C. Arndt and Jesse J. Arndt, section 23, township 30N, range 10E, town of Harrison, $45,000. James Goldbach and Corrine Goldbach to Kenneth M. Conlin, Schofield, lot 2, Pine Ridge Estates, town of Weston, $130,000.

Cathleen Hartl to Dany and Diane Degenhardt, section 31, township 27N, range 2E, Marathon County, $48,900. Gerard A. Draxler to Roger and Susan Powers, lot 16, Bem-binster Garden Park Addition, town of Marathon $5,500. John Ullrich to Mildred Gahnz, lot 3, section 30, township 29N, range 8E, town of Wausau, Kevin and Leann Wagener to Alan and Michelle Ogilvie, lot 61, South Mountainside Estates, town of Rib Mountain, $93,500. Leonard and Emily Letarski to Darryl Hintz, Rosholt, section 27, township 26, range 9E, Marathon County, $10,000.

Guy C. Reedy to John and Margaret Kestly, lot 19, Cedar Creek Subdivision, village of Rothschild, $125,900. Thomas and Colleen Hale to William and Ann Gentry, Wausau, lot 1 1 First Addition to Oliva Addition South, town of Rib Mountain, $120,000. Roy and Jeanette Lapean to Kevin and Roberta Lambeth, lot 1 77, Maple Hill addition to Arnold Taschler Subdivision, Wausau, $94,000. John and Margaret Kestly to Thomas and Barbara Huot, lot 1 Ruby Addition, town of Weston, $84,900.

Reuben and Pauline Kulp to Robert and Laura Kulp, lot 1 secion 29, township 27N, range' 4E, village of Stratford, $30,000. Jack D. Strek to John H. Hieb, Wausau, section 5, township 30N, range 8E, Marathon County, $3,000. Gerard A.

Draxler to Thomas and Colleen Hale, lot 9, Bembin-ster Garden Park Addition, town of Marathon, $12,000. James A. Beck to Patrick and Laurie Washburn, section 1 7, township 28N, range 8E, Marathon County, $72,500. Roger and Marianna Gennett to Gary and Debra Forest, lot 1 block 3, Keyes First Addition, village of Spencer, $56,200. Robert Mitchell, personal representative of the estate of Margaret L.

Mitchell to Sue Ann Eachenbach, Wausau, lot 9, block 2, J.H. Koehler's Addition to Wausau, $45,000. Dean Prohaska to Milan Roets, lots 2 and 8, North Slope, town of Rib Mountain, $30,000. Richard and Glora Plaisted to Cletus and Ramona Tauer, lots 2 and 3, block 1 Grand Avenue Addition, city of Wausau, $184,500. Lorraine Huehnerfuss to Donald and Sandra Voight, lots 7 and 8, block 5, Warren's First Addition to Wausau, $37,200.

Stephen and Donna Smitala to Mary K. Rustick, section 21 township 28N, range 8E, town of Weston, $78,500. Wilbur and Mary Ann Kohn-horst to Mark and Kathleen Wor-den, lot 4, section 1 0, township 28N, range 7E, town of Rib Mountain, $75,000. Dolores and Joseph Heindl to County Land lots 1 and 61, Heindl's Estates, village of Marathon City, $5,800. Richard D.

Riemer Sr. to Eugene and Mabel Drewek, Athens, section 14, township 29N, range 6E, town of Stettin, $1 7,1 00. rftlzJM r-f1 Hi 7601 Flints Creek Circle 3906 Pine Cone Lane 7708 Azalea Court Custom built one owner home. 3 bedrooms 1 12 baths. Large octagon deck with indirect lighting.

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