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AKG REAL ESTATE, LLC v. KOSTERMAN

No. 2004AP188.

717 N.W.2d 835 (2006)

2006 WI 106

AKG REAL ESTATE, LLC, a limited liability company, Plaintiff-Appellant-Cross-Respondent, v. Patrick J. KOSTERMAN and Susan A. Kosterman, Defendants-Respondents-Cross-Appellants-Petitioners.

Supreme Court of Wisconsin.

Decided July 14, 2006.

Attorney(s) appearing for the Case

For the defendants-respondents-cross-appellants-petitioners there were briefs by Daniel Kelly, J. Bushnell Nielsen and Reinhart Boerner Van Deuren S.C., Milwaukee, and oral argument by Daniel Kelly.

For the plaintiff-appellant-cross-respondent there was a brief by Robert E. Hankel and Hankel, Bjelajac, Kallenbach, Lehner & Koenen, L.L.C., Racine, and oral argument by Robert E. Hankel.

An amicus curiae brief was filed by M. Elizabeth Winters, Daniel W. Hildebrand, and DeWitt Ross & Stevens, S.C., Madison, on behalf of the Village of Merrimac.

¶ 1 DAVID T. PROSSER, J.

This case presents the question whether an express easement may be relocated or terminated without the consent of the dominant estate. In a published decision,1 the court of appeals held that a servient estate could unilaterally terminate an express right-of-way easement once the servient estate provided an alternate route of ingress and egress to the dominant estate. We reverse the court of appeals because...

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