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Property – Easements

By: Derek Hawkins//November 23, 2015//

Property – Easements

By: Derek Hawkins//November 23, 2015//

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Civil

WI Court of Appeals: District IV

Officials: Kloppenburg, P.J., Higginbotham and Sherman, JJ.

Property – Easements

2014AP2278; 2014AP2279 Ricardo M. Garza v. American Transmission Co.

Ricardo and Julie Garza appeal summary judgments in favor of American Transmission Company, LLC (ATC). ATC brought a declaratory judgment action against the Garzas seeking declarations that ATC has an easement to clear vegetation within forty feet of the center line of a transmission line that was installed in 1995, and that the Garzas are enjoined from interfering with ATC’s removal of vegetation that is located on that portion of the Garzas’ property that lies within the forty-foot easement. The circuit court agreed with ATC that it has an easement to remove the vegetation on the Garzas’ property and entered summary judgments in favor of ATC. For the reasons discussed below, we reverse and remand for further proceedings.

Reversed and Remanded. Per Curiam

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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