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Property – Encroachment

By: Derek Hawkins//March 25, 2020//

Property – Encroachment

By: Derek Hawkins//March 25, 2020//

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WI Court of Appeals – District IV

Case Name: Christopher Elandt v. Waupaca County, et al.         

Case No.: 2019AP217

Officials: Blanchard, Graham and Nashold, JJ.

Focus: Property – Encroachment

This case arises out of the Town of Dupont and Waupaca County reconstructing and widening a Town road that Christopher Elandt alleges encroaches on his property. Elandt sued the Town, claiming that the newly widened road interferes with his property rights in a number of respects.

The Town moved to dismiss Elandt’s action on the ground that Elandt failed to comply with the notice of claim statute, WIS. STAT. § 893.80(1d). The circuit court agreed with the Town and dismissed all of Elandt’s claims, entering judgment in favor of the Town. Elandt appeals. We affirm.

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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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