01-2581-FT Eckendorf v. Austin

By: dmc-admin//March 11, 2002//

By: dmc-admin//March 11, 2002//

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Josephine Eckendorf appeals a judgment that declares the interest of herself and her neighbors in an easement. This matter returns to this court following a reversal and remand. Eckendorf argues that (1) there is no language in the easement that it was intended exclusively for the Austins; (2) the court improperly took no evidence regarding a destroyed maple tree; and (3) the court erred when it refused to incorporate into the judgment the use conditions never addressed in the prior appeal. We agree.

Therefore, we reverse and remand for further proceedings consistent with this opinion.

This opinion will not be published.

Dist III, Marathon County, Thums, J., Per Curiam

Attorneys:

For Appellant: James E. Low Jr., Wausau

For Respondent: Shane W. Falk, Wausau

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