2011AP1457-FT The Equitable Bank SSB v. Bell, et al.
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2011AP1457-FT The Equitable Bank SSB v. Bell, et al.

2011AP323 Lein v. Masterjohn, et al.

2009AP3007 Gross, et al. v. Schehr

2010AP2263 First Bank Financial Centre v. Miller, et al.

2011AP101 Simon v. Baker

2011AP278 Langford v. Robinson

2010AP2794 Semlar, et al. v. Kallembach

2010AP2922 Washington County v. Washington County Condemnation Commission, et al.

2010AP2334 BAC Home Loan Servicing LP v. Williams

2010AP2632 Baylake Bank v. Fairway Properties of Wisconsin LLC, et al.

Property
Landlord-tenant; breach; damages; attorney fees

Property
Landlord-tenant; attorney fees; prevailing party

Property
Condominium liens; mortgages; priority

Property
Land contracts; foreclosure

Property
Foreclosure; equitable subrogation; good faith purchasers

Property
Riparian boundaries

Wisconsin Court of Appeals Civil Opinion Property Zoning; nonconforming uses Sawyer County Board of Appeals/Adjustment appeals a judgment reversing the Board’s nonconforming use determination concerning Linda Zillmer’s request to conduct livestock grazing activities. We conclude the circuit court misapplied the law, and reverse the judgment. This opinion will not be published. 2010AP340 Zillmer v. Sawyer [...]

Wisconsin Court of Appeals Civil Opinion Property Misrepresentation; economic loss doctrine Lynn Rowan appeals a summary judgment dismissing her claims related to a residential real estate transaction. Rowan claims the circuit court erred by concluding the economic loss doctrine barred her misrepresentation claims. We affirm. This opinion will not be published. 2010AP1866 Rowan v. Bourget, [...]

Wisconsin Court of Appeals Civil Opinion Property Mortgages; priority Solutions Properties, Inc., appeals a summary judgment in favor of Mortgage Electronic Registration Systems, Inc. (“MERS”). The issue concerns whose mortgage is in a superior position. We conclude factual disputes precluded summary judgment and therefore reverse and remand. This opinion will not be published. 2010AP2336 Mortgage [...]

Property
Prescriptive easements

Property
Prescriptive easements

Property
Right of way; highways

Property
Adverse possession

Property
Sheriff’s deeds

Property Zoning; conditional use permits; revocation Clifford and Debra Spickler appeal an order affirming, on certiorari review, the decision of the Eau Claire County Board of Land Use revoking a conditional use permit that had been issued to the Spicklers. We affirm. This opinion will not be published. 2010AP2616 Spickler v. Eau Claire County Board [...]

Property Railroad easements; abandonment A judicial finding of abandonment by a railroad is not required for title to vest in the property owner. “The plaintiffs, being the owners of the land traversed by the railroad’s right of way, acquired the right of way (if there was one—we said earlier there was not), by operation of [...]

Property Foreclosure; notice When an appeal prevents a purchaser of foreclosed property from paying the remaining purchase price within ten days after confirmation of a sheriff’s sale per sec. 846.17, the purchaser is entitled to notice from the circuit court as to when the ten-day period begins to run. “The relevant portion of Wis. Stat. [...]

Property Condemnation; easements; adverse possession Gary and Judith Pahl appeal a summary judgment dismissing their claims against American Transmission Company and ATC Management, Inc. (collectively, ATC). They contend that: (1) a 1964 easement granted to the utility is void as unconscionable and against public policy; (2) ATC abandoned the easement or the easement was extinguished [...]

Property Easements Michael and Jann Samarzja (Samarzja) appeal and Brian and Roberta Psicihulis (Psicihulis) cross-appeal from a circuit court order confirming the existence and scope of an easement over the Psicihulis property for the benefit of the Samarzja property. The circuit court determined that while the easement provided Samarzja’s property with access to Willow Springs [...]

Property Eminent domain; good faith This appeal arises out of five consolidated cases brought by landowners challenging the condemnation of their property by American Transmission Company LLC and ATC Management, Inc. (collectively, ATC). The landowners challenge ATC’s right to condemn portions of their properties by obtaining easements for the purpose of upgrading a high voltage [...]