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Property – boundary dispute
By: WISCONSIN LAW JOURNAL STAFF//December 9, 2014//
Listen to this articleWisconsin Court of Appeals
Civil
Property – boundary dispute
Peter Logghe appeals an order granting summary judgment to Charles and Laurie Herbert in his declaratory judgment action to settle a boundary dispute. Logghe’s deed, and those of his predecessors in interest, granted him property bounded, in part, by the northern edge of County Trunk Highway I as it was traveled at the time of the grant in 1938. Logghe claims the Herberts failed to establish a prima facie case for summary judgment because their submissions did not include any averment, made on the basis of personal knowledge, or other competent evidence as to the location of the highway at the relevant time. As such, the parties’ respective rights regarding the disputed land remain undetermined. We agree with Logghe, reverse, and remand for further proceedings consistent with this opinion.
2014AP149 Logghe v. Hebert
Dist III, Chippewa County, Isaacson, J., Per Curiam
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