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GODFREY CO. v. LOPARDO

No. 90-2073.

164 Wis.2d 352 (1991)

474 N.W.2d 786

GODFREY COMPANY, Store Equipment, Inc., Paul Holton, Trustee, Holton Food Products Company Profit Sharing Trust, Holton Food Products Company, Paul Holton, Hugh B. and Carmen Versteegh, Harold W. and Sally J. Wodicka, Orne Marital Trust and Richard C. Lofy, Plaintiffs-Respondents, v. Richard J. LOPARDO and Catherine A. Lopardo, Defendants-Appellants.

Court of Appeals of Wisconsin.

Decided August 28, 1991.

Attorney(s) appearing for the Case

On behalf of the defendants-appellants, the cause was submitted on the briefs of Dennis L. Fisher and William F. Brown of Meissner & Tierney, S.C., of Milwaukee, and Carlo A. Balistrieri of Oconomowoc.

On behalf of the plaintiffs-respondents, the cause was submitted on the brief of Hugh R. Braun and M. Susan Maloney of Godfrey, Trump & Hayes of Milwaukee.

Before Brown, Scott and Anderson, JJ.

BROWN, J.

This is an appeal by riparian owners Richard J. and Catherine A. Lopardo disputing the placement of a neighboring pier built by the Godfrey Company. The issues are numerous and protracted. It is enough to state at the outset our holding that Godfrey does not own the property from which the pier extends; it is an easement holder. We further decide that Godfrey nonetheless has a riparian right to have a pier pursuant to new sec. 30.131, Stats. We affirm a...

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