00-2843 Kuski, et al. v. George, et al.

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Jeremiah George and Nancy Pienkowski (collectively “the Georges”) appeal a judgment permanently enjoining them from hindering Steve and Tammy Kuski, Fred and Sabina Henckel and Richard and Catherine Peiguss (collectively “the Kuskis”) from their use of an easement. The Georges argue that the trial court erred by: (1) concluding that the Georges had unreasonably interfered with the Kuskis’ use of the easement; and (2) sanctioning the Georges under Wis. Stat. sec. 814.025 for pursuing a frivolous defense.

We reject these arguments and affirm the judgment.

Further, because the trial court properly determined that the underlying defense was frivolous, we award costs and reasonable attorney fees for a frivolous appeal and remand to the trial court to determine the award.

This opinion will not be published.

Dist III, Oneida County, Mangerson, J., Per Curiam

Attorneys:

For Appellant: Edward R. Garvey, Madison; Jason T. Beier, Madison

For Respondent: Timothy B. Melms, Rhinelander; Jennifer A. Stuber, Rhinelander