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GARRETT v. O'DOWD

No. 2008AP1756.

775 N.W.2d 549 (2009)

2009 WI App 146

Karen GARRETT, as successor Trustee to David T. Murphy on behalf of the David T. Murphy Revocable Trust 02/19/04, Plaintiff-Respondent, v. Hugh O'DOWD and Kathleen O'Dowd, Defendants-Appellants.

Court of Appeals of Wisconsin.

September 9, 2009.

Attorney(s) appearing for the Case

On behalf of the defendants-appellants, the cause was submitted on the briefs of Andrew P. Smith of O'Melia, Schiek & McEldowney, S.C. of Rhinelander.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Scott A. Cirilli of Cirilli Law Offices, S.C. of Rhinelander.

Before HOOVER, P.J., PETERSON and BRUNNER, JJ.

¶ 1 BRUNNER, J.

Hugh and Kathleen O'Dowd appeal a judgment granting trustee Karen Garrett and the David T. Murphy Revocable Trust dated February 19, 2004 (collectively, "Murphy"), exclusive use of an express easement along the shoreline of the O'Dowd property.1 Because we conclude that the trial court erred when it found ambiguity in the document creating the easement, we reverse.

BACKGROUND2

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