Easement – Damages

By: Derek Hawkins//October 28, 2020//

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WI Court of Appeals – District II

Case Name: Sharon Beth Kitzerow v. Kelly Thorne, et al.,

Case No.: 2019AP2252

Officials: NEUBAUER, C.J.

Focus: Easement – Damages

This is a dispute between neighbors over the shoveling of snow between their properties. Sharon Beth Kitzerow appeals from an order dismissing her action against Kelly and Melanie Thorne, in which Kitzerow asserted the Thornes violated an easement by shoveling snow with salt onto her property, damaging the grass. She also contended the Thornes’ son damaged her garage by hitting it with a basketball. Because Kitzerow agreed to let the Thornes place the snow removed from their driveway onto her property without specifying that they were required to remove any salt, and because Kitzerow failed to show that the Thornes damaged her property or to identify how the son damaged her garage, 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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