Apple Hill Farms Development, LLP v. Price

HOOVER, EJ.

¶ 1. Daryl Price appeals a money judgment after a bench trial where the court determined Price's concrete retaining wall constituted a private nuisance. Price argues the circuit court erroneously denied his motions for summary judgment and directed verdict because a private nuisance cannot exist based merely on appearance. Price further argues the court improperly relied on the spite fence statute, Wis. Stat. § 844.10,1 because the statute was not identified in the complaint, and the wall did not meet the statutory definition. Finally, Price argues the court erred because the…