02-0750 Kempf v. Lilek

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Melvin and Irene Kempf appeal a judgment establishing the boundary of their vacation property on Long Lake in Lincoln County. The Kempfs initiated the suit to prevent their neighbors, Michael and Jill Lilek, from further encroaching on what they believed was their property after the Lileks began to build a new garage. The Kempfs alleged they were the title owners of the disputed land and, in the alternative, that they had acquired ownership of the land by adverse possession. Both parties had surveys prepared and, after a bench trial, the court found the Lileks’ survey most accurately reflected the lots as laid out on the assessor’s plat. The court determined the Lileks held title to the disputed property. In addition, the court ruled the Kempfs had only adversely possessed a small portion of the disputed area where they placed an outhouse in 1966. On appeal, the Kempfs raise several points of error challenging the court’s decision. In addition, the Lileks have filed a motion for costs and attorney fees alleging the Kempfs’ appeal is frivolous.

We determine the trial court properly resolved the boundary dispute and therefore affirm the judgment.

However, we cannot say the Kempfs’ appeal is frivolous and we deny the Lileks’ motion.

Not recommended for publication in the official reports.

Dist III, Lincoln County, Hartley, J., Cane, C.J.

Attorneys:

For Appellant: James E. Low Jr., Wausau; Tammy W. Levit-Jones, Wausau

For Respondent: Richard J. Weber, Wausau