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Property – boundaries – ambiguity — extrinsic evidence

By: WISCONSIN LAW JOURNAL STAFF//July 26, 2012//

Property – boundaries – ambiguity — extrinsic evidence

By: WISCONSIN LAW JOURNAL STAFF//July 26, 2012//

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Wisconsin Court of Appeals

Civil

Property – boundaries – ambiguity — extrinsic evidence

Matthew and Patty Alwes appeal a judgment resolving a boundary line and property dispute in favor of the Town of Norrie. The Alweses challenge the circuit court’s interpretation of the subject deed and contend that “latent ambiguity” in the deed requires the consideration of extrinsic evidence. The Alweses also claim the circuit court erred when it determined the Alweses were not entitled to that part of a discontinued road adjoining the Town’s property. Finally, the Alweses argue that the circuit court erred by dismissing their nuisance claim. We reject the Alweses’ arguments and affirm the judgment. This opinion will not be published.

2011AP1483 Alwes v. Town of Norrie

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

Attorneys: For Appellant: Swid, Scott A., Mosinee; Krautkramer, Benjamin J., Mosinee; For Respondent: Karoblis, Peter P., Wausau

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