Tuesday, July 20, 2010

Decision in 'Grygiel v. Monches Fish & Game Club, Inc.' 2010 WI 93

Wisconsin Supreme Court decision today in this case (2008AP2028) reversing the Court of Appeals, 2009 WI App 102, 320 Wis. 2d 550, 770 N.W.2d 749. See all posts.

Opinion by Justice Roggensack, joined by Justices Bradley, Crooks, Prosser, Ziegler, and Gableman.
¶1 ... The issues in this case are whether Scheife's use of the easement to achieve access to property other than the Club's property contravened the express terms of the Club's easement and, if so, whether Scheife committed trespass on Grygiel's property by that act. We conclude that Scheife contravened the express terms of the Club's easement by entering Grygiel's property without consent and in doing so he unlawfully trespassed on Grygiel's land.
Concurrence and dissent by Chief Justice Abrahamson.
¶51 Here, the majority interprets the easement favorably to the plaintiffs and then goes further. It decides that the plaintiffs have a good cause of action and have made a complete case for trespass. Not only that, it awards nominal damages on the trespass cause of action to the plaintiffs. The trespass complaint may not be as simple as the majority makes out.