Court Error – Abuse of Discretion

By: Derek Hawkins//July 19, 2017//

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WI Court of Appeals – District III

Case Name: Ronald Berg Revocable Trust v. Thomas R. Ziel, et al.

Case No.: 2016AP1287

Officials: Stark, P.J., Hruz and Seidl, JJ.

Focus: Court Error – Abuse of Discretion

The Ronald Berg Revocable Trust (Trust) appeals an order determining that a recorded, non-exclusive easement formerly held by Ronald Berg (Berg) over undeveloped property owned by Thomas Ziel and Shawn Newhouse (collectively, the Ziels) was limited to twelve feet in width. The Trust argues the circuit court erred by: (1) exceeding the scope of this court’s remand order in a prior appeal of this case; and (2) awarding the Trust only a twelve-foot wide easement rather than a thirty-three-foot wide easement. We conclude the circuit court properly exercised its discretion under the remand order and in determining the easement width. Accordingly, we affirm.

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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