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APPLE HILL FARMS DEVELOPMENT, LLP v. PRICE

No. 2011AP1241.

816 N.W.2d 914 (2012)

2012 WI App 69

APPLE HILL FARMS DEVELOPMENT, LLP, Plaintiff, Jon Huss Construction Corp., Involuntary-Plaintiff-Respondent, v. Daryl PRICE, Defendant-Third-Party Plaintiff-Appellant, Nicole Palmer, Defendant-Third-Party Plaintiff, v. Berhoff Homes, LLC, Third-Party Defendant.

Court of Appeals of Wisconsin.

Opinion Filed May 15, 2012.

Attorney(s) appearing for the Case

On behalf of the defendant-third-party-plaintiff-appellant, the cause was submitted on the brief of Andrew Wagener of Bollenbeck Wagener Spaude & Fyfe SC, Appleton.

On behalf of the involuntary plaintiff-respondent, the cause was submitted on the brief of David J. Winkel of Winkel Law Office, Neenah.

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

HOOVER, P.J.

¶ 1 Daryl Price appeals a money judgment after a bench trial where the court determined Price's concrete retaining wall constituted a private nuisance. Price argues the circuit court erroneously denied his motions for summary judgment and directed verdict because a private nuisance cannot exist based merely on appearance. Price further argues the court improperly relied on the spite fence statute, WIS...

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