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Property — adverse possession — permissive use — attorney fees

By: WISCONSIN LAW JOURNAL STAFF//February 23, 2012//

Property — adverse possession — permissive use — attorney fees

By: WISCONSIN LAW JOURNAL STAFF//February 23, 2012//

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Wisconsin Court of Appeals

Civil

Property — adverse possession — permissive use — attorney fees

This adverse possession claim concerns a boundary dispute between Mark and Theresa Frisch and James and Pamela Schultz. Frisch appeals the trial court’s judgment that Schultz’s predecessors in interest established title to the disputed land by adverse possession. Frisch argues that any use of the disputed area was permissive. Frisch also appeals the judgment finding that Mark and Theresa Frisch trespassed upon Schultz’s property. Finally, Frisch appeals the trial court’s award of $500 in attorney’s fees to Schultz. We affirm the trial court’s judgment. However, we reverse on the amount of the attorney’s fees awarded to Schultz and remand for a determination of attorney’s fees pursuant to Wis. Stat. § 814.02(2) (2009-10). Not recommended for publication in the official reports.

2010AP904 Schultz v. Frisch

Dist III, Marathon County, Falstad, J., Higginbotham, J.

Attorneys: For Appellant: Feddick-Goodwin, Alanna Jane, Marshfield; For Respondent: Juncer, Dennis A., Marshfield

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