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Summer is in full swing across Wisconsin. Lakefront and riverfront property owners have their piers in, boats are on the water, and families are making the most of the season. It is also the time of year when disputes between neighbors begin to surface, most often over where a pier may be placed, and how each owner is permitted to access the water.

While the basic concept of riparian rights has not changed, recent developments make one thing increasingly…
Continue Reading What Are Riparian Rights and Why Are They Important? (2026 Update)

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All-terrain vehicles (ATVs) and utility terrain vehicles (UTVs) are popular across Wisconsin for recreation and work. Livestock similarly plays a vital role in the livelihood of many families as well as having a recreational purpose.

ATVs, UTVs, horses, and other livestock must often travel along or across roadways in many Wisconsin regions. It is important to be aware of the specific laws that govern operating ATVs, UTVs, or horse-drawn vehicles on public roads as operators can receive citations or

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Continue Reading ATVs, UTVs, and Livestock on Wisconsin Roads

Drone view of a brownfield housing development on the edge of an East Anglian village.
Drone view of a brownfield housing development on the edge of an East Anglian village. A water tower in the distant supplies water to the sprawling village.

In a recent decision, the Wisconsin Court of Appeals addressed the obligations of property owners when contesting property tax assessments, specifically regarding the requirement to provide income and expense information to assessors. The case, Middleton Westbrook Property Owner LLC, et al. v. Village of Menomonee Falls Board of Review, clarifies the statutory duties of property owners related to their obligation to turnover financial information and the consequences of failing to comply.
Case Background
Middleton Westbrook Property Owner LLC…
Continue Reading Wisconsin Tax Appeals: Must Owners Disclose Financial Data?

McLaughlin v. Gaslight Pointe Condominium Association, LTD
No. 2023AP1011 (Wis. Ct. App. Apr. 17, 2024)

In McLaughlin v. Gaslight Pointe Condominium Association, LTD, the Wisconsin Court of Appeals contributed to Wisconsin’s ever-growing body of caselaw examining when an insured’s intentional conduct may constitute an “occurrence” within the meaning of a CGL policy. No. 2023AP1011 (Wis. Ct. App. Apr. 17, 2024) (recommended for publication). The court also examined several exclusions commonly found in CGL policies. In brief, the facts of…
Continue Reading The Wisconsin Court of Appeals’ Provides Further Guidance on the Intersection Between Volitional Acts and Occurrences

As of February 13, 2024, the American Society for Testing and Materials (ASTM) E1527–21 “Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process” is now required when Phase I Environmental Site Assessments (ESAs) are conducted by environmental consultants to qualify for the innocent landowner defense, or the bona fide prospective purchaser or contiguous property owner liability protections, under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (see: 42 U.S.C. 9601 et seq.).

The goal of…
Continue Reading Use of the ASTM E1527-21 Phase I Environmental Site Assessment Standard Practice is Now Required to Meet CERCLA Liability Protections

Join Stafford Rosenbaum in watching the film Bad River, in theatres from March 15-20, 2024. The movie documents the Bad River Band’s ongoing fight for sovereignty against Canadian energy company Enbridge.

The movie will play at AMC Fitchburg 18, Ashland Bay Cinema 6, and at select theatres across the country. 50% of all profits from the film will be donated to the Bad River Band. More information on the Band and the litigation is below. For more information on…
Continue Reading In Theatres this March: Bad River Film

As the demand for renewable energy sources continues to grow worldwide, landowners and developers have realized the potential in harnessing the power of solar and wind energy in Wisconsin. Wisconsin is well known for having large swaths of flat, open land, often used for traditional farming activities. Such topography is perfect for energy companies looking to expand their generating capacity, often paying landowners a premium for the use of such land.  

Leasing and easement arrangements are the essential methods…
Continue Reading Solar and Wind Lease Agreements

For any couple who is going through a divorce, one of the key issues that needs to be addressed is property and asset division. This is one of the primary financial concerns that will affect spouses. Decisions about property division will determine the financial resources available to each spouse, in consideration of establishing new living arrangements, covering bills and expenses, and addressing other needs. When contemplating issues related to property, spouses will need to understand the community property…
Continue Reading Is Equal Property Division Required in a Wisconsin Divorce?

In a divorce, the division of assets is often one of the most contentious issues. All of the property a couple owns will need to be considered, and there needs to be a determination on who will be responsible for paying the debts the couple owes. As couples take steps to gain an understanding of their financial position, and make decisions about how assets and debts will be divided, one spouse may find that the other has wasted…
Continue Reading How Can I Address Wasted or Destroyed Assets During My Divorce?

White-tailed Deer - Odocoileus virginianus

Hunting leases present a number of issues, which if not addressed in writing, can lead to misunderstandings at best, and unexpected liability or litigation at worst.  Because both the owner’s and the hunter’s needs vary depending on the type of land and the type of hunting involved, each leasing situation presents its own set of unique requirements and expectations.  An owner may be a farmer who allows hunting only during gun deer season or spring turkey hunting season.  This…
Continue Reading Hunting Lease Issues

According to various different wedding websites, approximately 15 to 20 percent of couples are choosing to hold rustic wedding ceremonies and receptions at a barn, farm, or ranch.

While many attorneys practicing personal injury law may have come across a premises liability claim regarding a fall that occurred at a wedding, the agricultural tourism immunity statute, Wis. Stat. section 895.524, adds an interesting layer to an injury claim that occurred at a barn or farm wedding.
The Case
I…
Continue Reading Agricultural Tourism Immunity and Barn Weddings: The Plaintiff

It is that time of year again. Summer is around the corner, and lakefront and riverfront property owners all across the state are starting to think about when to get their piers back in or what day they want to drop their boat in. Inevitably, this time of year is when neighbors old and new may start to interfere with other waterfront property owners’ rights to access the water. One of the many issues surrounding lake and river property…
Continue Reading What are Riparian Rights & Why are They Important?

By: Attorney Jorge Fragoso and Law Clerk Quron Payne
Numerous actions may cause a person to be arrested and charged with a criminal offense, and the penalties they may face will depend on the specific laws they are accused of violating and the harm that was done to their alleged victims. While there are many different ways to categorize criminal offenses, many crimes can be divided into two broad groups: crimes against persons and crimes against property. The latter…
Continue Reading What Are the Consequences for Property Crimes in Wisconsin?

March 2, 2022 – A company that obtained a written easement in 1980 to install a gas line beneath a homeowner’s property obtained a prescriptive right to continue using the gas line in 1990, the Wisconsin Supreme Court has ruled.

In Bauer v. Wisconsin Energy Corporation, 2019AP2090 (Feb. 24, 2022), the supreme court unanimously held that a circuit court properly granted summary judgment against a landowner who bought the property in 1996 with no knowledge of the gas

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Continue Reading Supreme Court: Company has Prescriptive Right to Use Gas Line Under House

Spring officially begins on March 20th – less than one month away.  In Wisconsin, that means wedding planning is in full swing.  One important item on many wedding planning to-do lists is a pre-nuptial agreement.

We hear a lot about “pre-nups” in pop culture.  One of the most iconic pop culture references is in the song “Gold Digger,” by Kanye West.  The lyrics caution getting married without a pre-nuptial agreement, lest you lose half of your wealth upon divorce. …
Continue Reading Marital Property Agreements: They’re Not Just for Kanye West and Kim Kardashian

What is a marital settlement agreement? In an uncontested divorce action in Wisconsin, which is when you and your spouse have agreed on all issues, we call the marital settlement agreement the final agreement that you and your spouse would both sign and agree upon — all the terms and conditions that is then filed with the Court. At that point, the Court then accepts your agreement and grants you a divorce.

This gives you and your spouse certainty

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Continue Reading Divorce: What you Must know about the Marital Settlement Agreement