SCHWAB v. TIMMONS

No. 97-1997.

224 Wis.2d 27 (1999)

589 N.W.2d 1

James G. SCHWAB and Katherine Schwab, Plaintiffs-Co-Appellants-Petitioners, Dorice McCoRMICK, Plaintiff-Appellant-Petitioner, v. Helen TIMMONS, Carl D. Lenz Trust, Robert B. Bruce, Henry & Phyllis Pelletier, Robert W. Beart, Helen E. Beart, Robert W. Beart, Jr., Beth A. Drost, Stanford & Susan Sholem, Oscar C. & Patricia F. Boldt, John Zimdars, Jr., John C. Zimdars Jr. Trust, Nan M. Zimdars Trust, Warren T. Davis, Jr., R. Garret & Marjorie M. Phillips, Anne M. West, Robert C. Davis, James M. Rock, Barbara S. Monroe, James S. & Ann W. Reeve and Anne S. Hobler, Defendants-Respondents.

Supreme Court of Wisconsin.

Decided February 12, 1999.


Attorney(s) appearing for the Case

For the plaintiffs-co-appellants-petitioners and plaintiff-appellant-petitioner there were briefs by Thomas P. Lyons, Jennifer L. Sielaff and Cunningham & Lyons, S.C., Milwaukee and Charles D. Koehler and Herrling, Clark, Hartzheim & Siddall, Ltd., Appleton and oral argument by Thomas P. Lyons & Richard T. Elrod of Herrling, Clark, Hartzheim & Siddal.

For the defendant-respondent, Carl D. Lenz Trust, there was a brief by John F. Scanlan and Reetz & Scanlan, S.C., Fish Creek and oral argument by Brett Eric Reetz.

For the defendants-respondents, Beart, Drost, Sholem, Boldt, Zimdars Trust, Phillips & Davis, there was a brief by Robert A. Ross and Ross Law Office, Sturgeon Bay and oral argument by Robert A. Ross.


¶ 1. JON P. WILCOX, J.

The petitioners, James and Katherine Schwab and Dorice McCormick (petitioners), seek review of a decision affirming the circuit court's dismissal of their declaratory judgment action requesting an easement by necessity or by implication for both ingress and egress and utilities over the properties owned by the respondents in order to gain access to their landlocked parcels located in Door County...

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