By: Derek Hawkins//November 2, 2016//
WI Court of Appeals – District III
Case Name: Enbridge Energy, Limited Partnership, et al v. Jeremy D. Engelking, et al
Case No.: 2015AP1346
Officials: Kessler, Brennan and Brash, JJ
Focus: Land Use
The Engelkings appeal the portion of the judgment and order concerning the right to clear and use land outside the right of way, as well as other rulings on arbitration, trial evidence, remedies and costs. Enbridge cross-appeals the determination that the width of the right of way is fifty feet, arguing instead that the law requires a finding that the easement gives Enbridge a right of way with a width of 154 feet, spanning the six pipelines laid between 1949 and 2009 and workspace on either side. The case was tried and appealed once before; this court affirmed in part and, as relevant here, reversed the first trial court’s determination that the right of way covered the entirety of the property. On remand, the trial court was directed to determine the location of the right of way. The second trial court adopted an advisory jury’s verdicts and made its own findings and conclusions. We affirm on all nine issues (which we have organized into five sections, some with multiple subparts) because the trial court followed the proper law and reached reasonable conclusions of law on each issue, supported by findings of fact that were not clearly erroneous. See Spencer v. Kosir, 2007 WI App 135, ¶13, 301 Wis. 2d 521, 733 N.W.2d 921.