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ECKENDORF v. AUSTIN

No. 00-0713-FT.

239 Wis.2d 69 (2000)

2000 WI App 219

619 N.W.2d 129

Josephine ECKENDORF, f/k/a Josephine Bucki, Plaintiff-Respondent, v. Richard AUSTIN and Susan Austin, Defendants-Appellants.

Court of Appeals of Wisconsin.

Decided September 12, 2000.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Shane W. Falk of Wausau.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Elizabeth M. Connell and Crooks, Low, Connell & Rottier, S.C., of Wausau.

Before Cane, C.J., Hoover, P.J., and Peterson, J.

¶ 1. HOOVER, P.J.

Richard and Susan Austin appeal a judgment that limits use of their access and utilities easement. Specifically, they challenge the trial court's conclusion that the easement is imprecisely described in the conveyance, that the driveway portion could not exceed twelve feet in width, and that Josephine Eckendorf was entitled to both $500 for a tree that the Austins cut down and costs of this lawsuit. The Austins argue that the written easement...

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