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GOJMERAC v. MAHN

No. 01-0825.

250 Wis.2d 1 (2001)

2002 WI App 22

640 N.W.2d 178

Gary G. GOJMERAC and Pamela Gojmerac, Plaintiffs-Appellants, v. James R. MAHN and Sandra Mahn, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided December 4, 2001.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs and oral argument of James Wedemeyer of Schmitt & Koppelman, S.C. of Merrill.

On behalf of the defendants-respondents, the cause was submitted on the brief and oral argument of George G. Russell of Russell & Tlusty of Merrill.

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

¶ 1. CANE, C.J.

Gary and Pamela Gojmerac appeal from a portion of a judgment declaring that owners of numerous subdivision lots have a valid easement for ingress and egress over the western portion of the Gojmeracs' property.1 We conclude that only those lots that were part of the dominant estate at the time the easement was created are entitled to use the easement. The two lots that were...

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