Easement – Damages

By: Derek Hawkins//June 12, 2019//

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WI Court of Appeals – District III

Case Name: Cynthia R. Weir, et al. v. David Hestekin, et al.

Case No.: 2017AP2338

Officials: Stark, P.J., Hruz and Seidl, JJ.

Focus: Easement – Damages

David Hestekin, Teresa Hestekin, and Bruce Remington (collectively, “the Hestekins”) appeal a summary judgment declaring they do not have a second easement over property owned by Cynthia Weir and Kane Road Farms, LLC (collectively, “Weir”), and awarding Weir damages for lost income resulting from her inability to farm the land upon which the Hestekins trespassed. The Hestekins argue that the circuit court utilized the wrong measure of damages and improperly abridged their due process and statutory rights to discovery. For the reasons set forth below, we reject these arguments and affirm the judgment.

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.

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