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STOESSER v. SHORE DRIVE PARTNERSHIP

No. 91-0903.

172 Wis.2d 660 (1993)

494 N.W.2d 204

Martin John STOESSER, Max Berger, Howard Kegel, Daniel Brede, Roger Pitcel, Marion Strasser and Gregory Spencer, Plaintiffs-Appellants, v. SHORE DRIVE PARTNERSHIP, John Theisen, Chester Bojanowski and James Erickson, Defendants-Respondents.

Supreme Court of Wisconsin.

Decided January 19, 1993.

Attorney(s) appearing for the Case

For the plaintiffs-appellants there were briefs (in the court of appeals) by Patrick J. Hudec, Gabrielle Boehm and Hudec Law Offices, S.C., East Troy.

For the defendants-respondents there was a brief (in the court of appeals) by Chris J. Trebatoski and Michael, Best & Friedrich, Milwaukee.

Amicus Curiae was filed by Richard J. Rakita, Felicia S. Miller and Hiller & Frank, S.C., Milwaukee for Chicago Title Insurance Company.

JON P. WILCOX, J.

This case comes to the court on certification from the court of appeals pursuant to sec. (Rule) 809.61, Stats. The issue is whether riparian rights can be conveyed to non-riparian landowners by easement. We conclude that an easement can convey riparian rights to non-riparian landowners.

The facts are not in dispute. The plaintiffs-appellants (hereinafter "subdivision owners") are non-riparian landowners in the O-Tan-Kah Subdivision. The defendants...

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