2009AP2308, SWS LLC v. Weynand

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Property
Prescriptive easements

SWS, LLC appeals from a judgment, following a jury trial, granting a prescriptive easement to Steven Weynand over property owned by SWS, and from orders denying SWS’s postverdict motions. Steven cross-appeals the judgment, challenging the circuit court’s rulings (1) imposing a seasonal limitation on his use of the prescriptive easement and (2) allowing SWS the option of removing an electrical box in the proposed location of the easement, or in the alternative allowing SWS to grant Steven an easement west of the box, maintaining a minimum fourteen-foot width, but curving around the box.

We conclude that the trial court properly denied SWS’s motions for postverdict relief. We affirm the denial of: (1) the motion for judgment notwithstanding the verdict, because we conclude that the evidence presented at trial is not sufficiently clear and convincing to establish an agency relationship between Steven and his father during the relevant time period that would defeat Steven’s prescriptive easement claim; (2) the motion to change the jury’s answer on special verdict, because we conclude that there was sufficient evidence to find the prescriptive easement; and (3) the motion for a new trial based on newly discovered evidence, because we conclude that SWS was not diligent in finding the evidence.

We also affirm the trial court’s rulings challenged by Steven on cross-appeal. We affirm the trial court’s imposition of seasonal limitations on the prescriptive easement because the court reasonably concluded that winter use would unreasonably burden SWS’s property. We affirm the court’s decisions regarding the electrical box because they are supported by a reasonable factual basis under the correct legal standard. Not recommended for publication in the official reports.

2009AP2308 SWS LLC v. Weynand

Dist IV, Sauk County, Reynolds, J., Blanchard, J.

Attorneys: For Appellant: Cole, William S., Madison; Evans, Daniel J., Madison; For Respondent: Dubeau, Guy, Madison; Barber, Timothy M., Madison

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