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SCHAUER v. BAKER

No. 02-1674.

270 Wis.2d 714 (2004)

2004 WI App 41

678 N.W.2d 258

Herbert M. SCHAUER and Sandra S. Schauer, Plaintiffs-Respondents, v. Matthew S. BAKER, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided February 5, 2004.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Thomas A. Lorenson of Kubasta, Rathjen, Bickford, & Lorenson, Wautoma.

On behalf of the plaintiffs-respondents, the cause was submitted on the briefs of John F. Koenig of Sorenson Koenig Law Office, Ripon.

Before Deininger, P.J., Vergeront and Lundsten, JJ.

¶ 1. LUNDSTEN, J.

This is a prescriptive easement case involving a road that crosses Baker's property and is used by the Schauers for access to their property. The circuit court granted summary judgment to the Schauers which, in turn, grants to the Schauers a prescriptive easement to the road on Baker's property. Because we conclude that the "owner-in-possession" exception, WIS. STAT. § 893.33(5) (2001-02),1 does not extend to...

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