Nuisance Claim – Intrusion and Trespass Exception

By: Derek Hawkins//September 30, 2020//

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WI Court of Appeals – District III

Case Name: Shaun Koenig v. Timothy N. Aldrich, et al.,

Case No.: 2019AP242

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

Focus: Nuisance Claim – Intrusion and Trespass Exception

Shaun Koenig appeals an order concluding that he trespassed on land owned by Dale Aldrich, Donald Aldrich, Jeffrey Aldrich, and Timothy Aldrich (collectively, “the Aldriches”), and that the removal of a fence erected by the Aldriches was not warranted. Koenig argues there should be a trespass exception for his intrusion into the immediate airspace above the Aldriches’ property. Koenig also contends the circuit court erred by concluding that an L-shaped fence that the Aldriches erected along the corner of Koenig’s property did not constitute a nuisance pursuant to WIS. STAT. § 844.10 (2017-18), thus requiring its removal. We reject Koenig’s arguments and affirm the order.

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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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