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ELLINGSWORTH v. SWIGGUM

No. 94-1812.

195 Wis.2d 142 (1995)

536 N.W.2d 112

William ELLINGSWORTH, and Helen Ellingsworth, his wife, Plaintiffs-Respondents, v. Frederick SWIGGUM, and Susan Swiggum, Defendants-Appellants.

Court of Appeals of Wisconsin.

Decided June 1, 1995.

Attorney(s) appearing for the Case

For the defendants-appellants the cause was submitted on the briefs of Thomas A. Maroney of Johnson, Hansen, Shambeau, Maroney and Anderson, S.C. of Waupaca. For the plaintiffs-respondents the cause was submitted on the brief of Thomas W. Johnson of Werner, Lindgren & Johnson, S.C. of New London.

Before Gartzke, P.J., Dykman and Vergeront, JJ.

VERGERONT, J.

Frederick and Susan Swiggum appeal from a declaratory judgment permitting William and Helen Ellingsworth to replace a pier at the end of the Ellingsworths' easement on a riparian lot owned by the Swiggums. The Swiggums had removed the pier. After a trial to the court, the court concluded that the Ellingsworths, as non-riparian owners, were permitted to maintain the pier under § 30.131, STATS., and so had the right to replace the pier. We conclude...

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