Please ensure Javascript is enabled for purposes of website accessibility

Abuse of Discretion – Motion for Reconsideration

By: Derek Hawkins//February 15, 2022//

Abuse of Discretion – Motion for Reconsideration

By: Derek Hawkins//February 15, 2022//

Listen to this article

WI Court of Appeals – District III

Case Name: Stephen Sullivan, et al., v. Lucky 239, LLC, et al.,

Case No.:  2020AP1891

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

Focus: Abuse of Discretion – Motion for Reconsideration

Roger Shaide, Roxanne Shaide, Mikel Huppert, and Kelly Huppert (collectively, “the Shaides”) appeal an order in which the circuit court granted Steven and Teresa Sullivan’s motion for reconsideration of a prior order that determined the parties’ respective rights to a disputed area of waterfront property. The Shaides argue the court erroneously exercised its discretion by reconsidering its prior determination of the location of the ordinary high-water mark (“OHWM”) in the disputed area. The Shaides also argue that the court erred by reconsidering its prior decision to determine the parties’ respective interests in the disputed area by apportionment. For the reasons explained below, we conclude the court did not erroneously exercise its discretion by granting the Sullivans’ motion for reconsideration. We therefore affirm.

Full Text


Derek A Hawkins is Corporate Counsel, at Salesforce.

Polls

Should Steven Avery be granted a new evidentiary hearing?

View Results

Loading ... Loading ...

Legal News

See All Legal News

WLJ People

Sea all WLJ People

Opinion Digests