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BOREK CRANBERRY MARSH v. JACKSON COUNTY

No. 2008AP1144.

785 N.W.2d 615 (2010)

2010 WI 95

BOREK CRANBERRY MARSH, INC., Plaintiff-Appellant, v. JACKSON COUNTY, Defendant-Respondent-Petitioner.

Supreme Court of Wisconsin.

Decided July 21, 2010.

Attorney(s) appearing for the Case

For the defendant-respondent-petitioner there were briefs by Mark B. Hazelbaker and Hazelbaker & Associates, S.C., Madison, and oral argument by Mark B. Hazelbaker.

For the plaintiff-appellant there was a brief by Dan Arndt and Arndt, Buswell & Thorn, S.C., Sparta, and oral argument by Dan Arndt.

MICHAEL J. GABLEMAN, J.

¶ 1 This is a review of a published decision of the court of appeals1 reversing an order granting summary judgment to Jackson County.2 In 1977, Carl Nemitz purchased an easement from the County granting him sand removal and water flowage rights to County land adjacent to his property. The water flowage rights were granted to "CARL NEMITZ, his heirs, and assigns" while the sand removal...

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