Defendant's Attorney:

Description: Madison, Wisconsin civil litigation lawyer represented Plaintiffs who sued Defendant on private nuisance, public nuisance, trespass and declaratory judgment theories.


¶1 This case arises from a dispute regarding the rights of owners of residential lots (the "lot owners") created by the plat of Wa-che-etcha as to three non-residential lots (the "lake access lots") created by the plat.[1] Jack and Renee Kapinus, individually and as trustees of the Kapinus Family Trust, sued Joseph and Karen Nartowicz alleging causes of action for private nuisance, public nuisance, and trespass, and seeking declaratory judgment in connection with the Nartowiczes' pier and boat hoist facilities (the "Nartowicz pier") that have been seasonally erected at the shore line of one of the three lake access lots, which is adjacent to and shares a common boundary with the residential lot owned by Kapinus.[2]...



¶1 This case arises from a dispute regarding the rights of owners of residential lots (the "lot owners") created by the plat of Wa-che-etcha as to three non-residential lots (the "lake access lots") created by the plat.[1] Jack and Renee Kapinus, individually and as trustees of the Kapinus Family Trust, sued Joseph and Karen Nartowicz alleging causes of action for private nuisance, public nuisance, and trespass, and seeking declaratory judgment in connection with the Nartowiczes' pier and boat hoist facilities (the "Nartowicz pier") that have been seasonally erected at the shore line of one of the three lake access lots, which is adjacent to and shares a common boundary with the residential lot owned by Kapinus.[2]...
Kapinus v. Nartowicz (Wis. App. 2022)

Outcome: ¶1 This case arises from a dispute regarding the rights of owners of residential lots (the "lot owners") created by the plat of Wa-che-etcha as to three non-residential lots (the "lake access lots") created by the plat.[1] Jack and Renee Kapinus, individually and as trustees of the Kapinus Family Trust, sued Joseph and Karen Nartowicz alleging causes of action for private nuisance, public nuisance, and trespass, and seeking declaratory judgment in connection with the Nartowiczes' pier and boat hoist facilities (the "Nartowicz pier") that have been seasonally erected at the shore line of one of the three lake access lots, which is adjacent to and shares a common boundary with the residential lot owned by Kapinus.[2]...

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