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McCORMICK v. SCHUBRING

No. 02-1004.

267 Wis.2d 141 (2003)

2003 WI 149

672 N.W.2d 63

R. Scott McCORMICK, Robert L. McCormick and Shane McCormick, Plaintiffs-Respondents, v. Richard A. SCHUBRING, Defendant-Appellant.

Supreme Court of Wisconsin.

Decided November 26, 2003.

Attorney(s) appearing for the Case

For the defendant-appellant there were briefs (in the court of appeals) by John H. Priebe and Priebe Law Offices, Rhinelander, and John J. Hogan and Hogan & Melms LLP, Rhinelander, and oral argument by John J. Hogan.

For the plaintiffs-respondents there was a brief (in the court of appeals) by John B. Rhode and Sommer, Olk, Schroeder & Payant, Antigo, and oral argument by John B. Rhode.

¶ 1. PATIENCE D. ROGGENSACK, J.

Richard A. Schubring appeals a Langlade County Circuit Court judgment that granted R. Scott McCormick, Robert McCormick and Shane McCormick (the "McCormicks") an easement of necessity across Schubring's land. This case is before us on certification of two questions:

(1) Whether, when the elements required for an easement of necessity are established, the easement arises by operation of law or whether its creation is subject...

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