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PREZIOSO v. AERTS

No. 2013AP2762.

858 N.W.2d 386 (2014)

358 Wis.2d 714

2014 WI App 126

Todd L. PREZIOSO and Corine M. Prezioso, Plaintiffs-Respondents, Evan L. Huff, Lucille M. Huff, Gerald W. Mignon, Bernadine M. Mignon, Siebers Irrevocable Real Estate Trust and Robert Risser, Involuntary-Plaintiffs, v. Dennis J. AERTS, Sr. and Penny M. Aerts, Defendants-Appellants.

Court of Appeals of Wisconsin.

Opinion Filed November 4, 2014.

Attorney(s) appearing for the Case

On behalf of the defendants-appellants, the cause was submitted on the briefs of Christina L. Peterson and Michael J. Kirschling of Stellpflug Law, S.C., DePere.

On behalf of the plaintiffs-respondents, the cause was submitted on the brief of Richard M. Olk and John B. Rhode , Antigo.

Before HOOVER, P.J., STARK, J., and THOMAS CANE, Reserve Judge.

Dennis and Penny Aerts appeal a judgment reforming a recorded Road Maintenance Declaration (the Declaration) to which their predecessors in interest were parties. Following a bench trial, the circuit court concluded the Declaration established an easement over a private road traversing the Aertses' property. It reformed the agreement...

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