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HUNTER v. MCDONALD

No. 75-474.

78 Wis.2d 338 (1977)

254 N.W.2d 282

HUNTER and wife, Respondents, v. MCDONALD and wife, Appellants.

Supreme Court of Wisconsin.

Decided June 1, 1977.

Attorney(s) appearing for the Case

For the appellants the cause was submitted on the brief of Hayes & Hayes of Milwaukee.

For the respondents the cause was submitted on the brief of John C. Curran and Cramer, Multhauf & Curran of Waukesha.

DAY, J.

The question is whether a servient owner's unreasonable interference with the dominant owner's use of an easement is enjoinable though the interference is not a physical encroachment upon the easement.

Plaintiff-respondents, James G. Hunter, Jr., and Bonnie K. Hunter, his wife, and defendants-appellants, William D. McDonald and Valera McDonald, his wife, own adjoining properties on the shore of Okauchee Lake in the town of Oconomowoc in Waukesha county...

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