Hall v. Liebovich Living Trust

2007

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).