Easement

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WI Court of Appeals – District III

Case Name: William Fankhauser, et al. v. Thomas Fankhauser

Case No.: 2017AP776

Officials: Blanchard, Kloppenburg and Fitzpatrick, JJ.

Focus: Easement

William and Annette Fankhauser commenced a lawsuit against Thomas Fankhauser in the Barron County Circuit Court claiming that Thomas obstructed William’s access to his property by blocking an easement. The parties’ attorneys negotiated a potential resolution of the lawsuit that required the signatures of the parties on two documents in order to conclude the settlement. Ultimately, Thomas refused to sign the two documents.

William filed a motion in the circuit court, pursuant to WIS. STAT. § 807.05 (2015-16), arguing that the parties had entered into a binding settlement agreement. The circuit court granted William’s motion and held that, although the two documents were not signed by the parties, the parties had reached an “agreement in principle” that was enforceable. Thomas appeals, arguing that the communications between counsel did not constitute an enforceable settlement agreement. We conclude that the communications between counsel establish that the parties intended to be bound only after two documents were signed and, because those documents were not signed, there was no enforceable agreement. Accordingly, we reverse the circuit court’s order.

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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.