Property — easements

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Wisconsin Court of Appeals

Civil

Property — easements

Ronald and Linda Cuchna appeal an order of the circuit court enjoining the Cuchnas from encroaching on an easement on their property, requiring them to remove all obstructions from the easement, dismissing their claims against third-party defendants, and ordering them to pay reasonable attorneys’ fees and costs for one third-party defendant, Gregory Knutson, pursuant to Wis. Stat. § 802.05(3)(b).[1] ¶2 The Cuchnas argue that the circuit court erroneously interpreted and applied the standards governing their affirmative defenses of waiver, equitable estoppel, laches, and unclean hands. The Cuchnas also contend that the circuit court misused its discretion in ordering sanctions against the Cuchnas in the form of requiring payment of Knutson’s reasonable attorneys’ fees. We affirm the circuit court in all respects. Not recommended for publication in the official reports.

2011AP1222 Hatch v. Cuchna, et al.

Dist IV, Columbia County, Miller, J., Lundsten, P.J.

Attorneys: For Appellant: Baird, Brian D., Milwaukee; For Respondent: Laffey, Kevin M., Sun Prairie; Mayer, Jeffrey M., Lodi