Property – easements – scope – trespass — ejectment

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Wisconsin Court of Appeals

Civil

Property – easements – scope – trespass — ejectment

Jeremy, Gerald, and Barbara Engelking appeal a judgment resolving an easement dispute with Enbridge Energy and Enbridge Pipelines. The Engelkings argue the circuit court erroneously dismissed their trespass and ejectment counterclaims, and erroneously interpreted the pipeline easement to cover their entire parcel and to not require payment prior to installing new pipelines. We conclude the court properly interpreted the easement language concerning the timing of payments for new pipelines. However, we reject the court’s interpretation that the easement covered the entire parcel. Further, we reinstate the Engelkings’ counterclaims for trespass and ejectment. This opinion will not be published.

2012AP1188 Enbridge Energy v. Engelking, et al.

Dist III, Douglas County, Glonek, J., Per Curiam

Attorneys: For Appellant: Miller, Gregory M., Minneapolis, MN; For Respondent: Mihalek, Joseph J., Superior