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