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TJ AUTO LLC v. MR. TWIST HOLDINGS LLC

No. 2013AP2119.

851 N.W.2d 831 (2014)

2014 WI App 81

TJ AUTO LLC, Plaintiff-Appellant, v. MR. TWIST HOLDINGS LLC, Defendant-Respondent.

Court of Appeals of Wisconsin.

Opinion Filed June 18, 2014.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Thomas M. Santarelli of Madrigrano, Aiello & Santarelli, LLC, of Kenosha.

On behalf of the defendant-respondent, the cause was submitted on the brief of Robert I. DuMez of Alia, DuMez , Dunn & McTernan, S.C., of Kenosha.

Before BROWN, C.J., NEUBAUER, P.J., and GUNDRUM, J.

¶ 1 BROWN, C.J.

This case concerns the enforceability of an express easement that was created in 1928 and last recorded in the Kenosha County Register of Deeds in 1945, which allows the owners of one property, and their customers, to cross the west ten feet of an adjacent property in order to access a parking area. Under Wisconsin law, "[a]ctions to enforce easements ... set forth in any recorded instrument" are barred unless the underlying instrument was recorded...

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