Schwab v. Timmons

¶1. The petitioners, James and Katherine Schwab and Dorice McCormick (petitioners), seek review of a decision affirming the circuit court's dismissal of their declaratory judgment action requesting an easement by necessity or by implication for both ingress and egress and utilities over the properties owned by the respondents in order to gain access to their landlocked parcels located in Door County. The circuit court, as affirmed by the court of appeals, concluded that the historical circumstances in this case do not fit the typical situation from which ways of necessity are implied and that…