Court: |
WI Court of Appeals |
|
Facts: |
Liebovich builds a home on Lake Geneva, and it's too close to
the water line. |
|
Posture: |
Other landowners file suit; the court agrees that Liebovich is in
violation, but declines to require a teardown. There are
enjoinments not to build further, though, and some damages
are awarded. |
|
Issue: |
Should the house be torn down? |
|
Holding: |
Seems not-- affirmed. |
|
Rule: |
|
|
Reasoning: |
There's ambiguity here-- it seems Liebovich may have been acting
in good faith. The trial court's determinations are reasonable,
although not necessarily obligatory. |
|
Dicta: |
You can't adversely possess your own property (Liebovich's theory
of how he could get an easement). |