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