Property – easements — riparian rights

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Wisconsin Court of Appeals

Civil

Property – easements — riparian rights

This dispute centers on a deed conveying an interest in a twenty-foot easement abutting Green Lake in Green Lake County. This case was before us in a first appeal, where we reversed the circuit court’s grant of summary judgment to Robert D. and Ann M. Konneker and denial of summary judgment to Robert and Francis Romano. On a petition for review, the Wisconsin Supreme Court found the deed creating the easement to be ambiguous as to the use and purpose of the easement, and, after considering the summary judgment materials, concluded that there was a genuine issue of material fact concerning whether the parties to the deed intended to grant “riparian rights including the right to construct and maintain a pier.” Konneker v. Romano, 2010 WI 65, ¶¶3, 30, 326 Wis. 2d 268, 785 N.W.2d 432. The supreme court reversed and remanded this case to the circuit court to consider extrinsic evidence to ascertain the original parties’ intent. A trial was held to the court and the court found that the parties to the deed intended to “grant boat access including the use of a pier,” and entered judgment in favor of the Konnekers.

The dispositive issue we address on appeal is whether the record supports the trial court’s finding that the parties to the deed intended the easement holders to have the right to construct and maintain a pier. We conclude that the facts on which the court relied and the only reasonable inferences that can be drawn from those facts do not support the court’s finding that the original parties to the deed intended to grant the right to construct and maintain a pier. In short, no reasonable view of the evidence supports the court’s finding that the grantor, the Ciszeks, intended to convey the right to construct and maintain a pier, to the original grantees, the Blizeks. Accordingly, we reverse. Not recommended for publication in the official reports.

2012AP69 Konneker v. Romano

Dist II, Green Lake County, Wright, J., Higginbotham, J.

Attorneys: For Appellant: Liotta, Jeffrey J., Milwaukee; Lawless, Lisa M., Milwaukee; For Respondent: Sorenson, Steven R., Oshkosh