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SOMA v. ZURAWSKI

No. 2008AP2300.

772 N.W.2d 724 (2009)

2009 WI App 124

Robert SOMA and Terese Soma, Plaintiffs-Appellants, v. Denise ZURAWSKI a/k/a Zurawaski, Defendant-Respondent.

Court of Appeals of Wisconsin.

Opinion Filed July 16, 2009.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of John J. McNally of McNally Law Office, Necedah.

On behalf of the defendant-respondent, the cause was submitted on the brief of Eric J. Pollex of Pollex Law Office of LaRowe, Gerlach & Roy, LLP, Friendship.

Before DYKMAN, VERGERONT and LUNDSTEN, JJ.

¶ 1 LUNDSTEN, J.

The defendant, Denise Zurawski, and her now-deceased husband unwittingly placed permanent improvements on adjacent property they did not own. Years later, the owner of the adjacent property filed an action for possession. Denise Zurawski eventually counterclaimed that the equities of the case justified a judgment forcing a sale of the land to her at fair market value. The circuit court ordered a forced sale, relying on WIS. STAT. ch. 843.

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