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KRUCKENBERG v. HARVEY

No. 03-1813.

274 Wis.2d 424 (2004)

2004 WI App 133

685 N.W.2d 844

Lawrence A. KRUCKENBERG, Plaintiff-Appellant, v. Paul S. HARVEY, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided May 5, 2004.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of William H. Gergen of Gergen, Gergen & Pretto, S.C. of Beaver Dam.

On behalf of the defendant-respondent, the cause was submitted on the brief of Jim D. Scott of Wood Law Offices, LLC of Oxford.

Before Brown, Nettesheim and Snyder, JJ.

¶ 1. BROWN, J.

This case is a dispute over a property line and the duty of lateral support of soil as between adjoining property owners. Lawrence A. Kruckenberg argues that the trial court erred in applying the doctrines of claim preclusion to his claim for a declaratory judgment with respect to the property line and issue preclusion to his claim of lack of lateral support. We hold that a 1982 action between Paul S...

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