By: Derek Hawkins//July 19, 2017//
WI Court of Appeals – District III
Case Name: Ronald Berg Revocable Trust v. Thomas R. Ziel, et al.
Case No.: 2016AP1287
Officials: Stark, P.J., Hruz and Seidl, JJ.
Focus: Court Error – Abuse of Discretion
The Ronald Berg Revocable Trust (Trust) appeals an order determining that a recorded, non-exclusive easement formerly held by Ronald Berg (Berg) over undeveloped property owned by Thomas Ziel and Shawn Newhouse (collectively, the Ziels) was limited to twelve feet in width. The Trust argues the circuit court erred by: (1) exceeding the scope of this court’s remand order in a prior appeal of this case; and (2) awarding the Trust only a twelve-foot wide easement rather than a thirty-three-foot wide easement. We conclude the circuit court properly exercised its discretion under the remand order and in determining the easement width. Accordingly, we affirm.