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FIRST AMERICAN TITLE INS. CO. v. DAHLMANN

No. 2004AP2318.

291 Wis.2d 156 (2005)

2006 WI 65

715 N.W.2d 609

FIRST AMERICAN TITLE INSURANCE COMPANY, Plaintiff-Respondent, v. Dennis A. DAHLMANN, Defendant-Appellant-Petitioner.

Supreme Court of Wisconsin.

Decided June 7, 2006.

Attorney(s) appearing for the Case

For the defendant-appellant-petitioner there were briefs by Timothy J. Yanacheck and Bell, Gierhart & Moore, S.C., Madison, and oral argument by Timothy J. Yanacheck.

For the plaintiff-respondent there was a brief by J. Bushnell Nielsen and Reinhart Boerner Van Deuren S.C., Waukesha, and oral argument by J. Bushnell Nielsen.

¶ 1. N. PATRICK CROOKS, J.

Petitioner Dennis A. Dahlmann (Dahlmann) seeks review of an unpublished decision of the court of appeals,1 affirming the circuit court's declaratory judgment in favor of First American Title Insurance Company (First American). The issue before this court is whether an encroachment by an improvement onto adjacent land constitutes a defect or encumbrance in the...

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