00-2732 Mueller, et al. v. Kearns

By: dmc-admin//October 22, 2001

Diana M. Kearns, pro se, appeals from a judgment entered after a bench trial. Kearns argues that the trial court erred when it: (1) denied her claim for an abatement of water run-off; (2) ordered her to asphalt a portion of a roadway easement; (3) denied her claim to present payment for asphalt paving; (4) concluded that late payment fees levied on maintenance fees constituted an unenforceable penalty; (5) concluded that the maintenance fee can only be applied to upkeep of the 10-foot-wide roadway of the 30-foot easement; (6) denied contribution to the cost of a catch basin and property taxes; and (7) granted an offset to plaintiffs against other amounts they owed her.

Because we resolve each claim of error in favor of upholding the judgment, we affirm.

This opinion will not be published.

Dist I, Milwaukee County, Kahn, J., Per Curiam

Attorneys:

For Appellant: Diana M. Kearns, Milwaukee

For Respondent: Scott Burns, Milwaukee

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