01-2402 O'Neill v. Reemer, et al.

By: dmc-admin//April 29, 2002//

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Randy and Rita O’Neill appeal the summary judgment dismissing their trespass complaint against James Reemer, owner of adjoining real estate, and Weyerhaeuser Company, which Reemer engaged to perform logging services. The trial court concluded that Wis. Stat. § 893.33(2) precluded the O’Neills from establishing title by adverse possession to the property that was logged because they did not file an action claiming title to the property within thirty years of obtaining title by adverse possession. The O’Neills contend the trial court erred in relying on Shelton v. Dolan, 224 Wis. 2d 334, 591 N.W.2d 894 (Ct. App. 1998). We agree with the trial court that Shelton is controlling.

We therefore affirm.

Not recommended for publication in the official reports.

Dist IV, Monroe County, McAlpine, J., Vergeront, P.J.

Attorneys:

For Appellant: Daniel C. Arndt, Sparta; Stacey R. Sanger, Sparta

For Respondent: Gerald W. Laabs, Black Rivers Falls; James M. Isaacson, Cadott

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