Soma v. Zurawski

¶ 1. The defendant, Denise Zurawski, and her now-deceased husband unwittingly placed permanent improvements on adjacent property they did not own. Years later, the owner of the adjacent property filed an action for possession. Denise Zurawski eventually counterclaimed that the equities of the case justified a judgment forcing a sale of the land to her at fair market value. The circuit court ordered a forced sale, relying on Wis. Stat. ch. 843. However, on appeal, the parties agree that the provision in ch. 843 allowing forced sales, Wis. Stat. § 843.10, does not apply. Rather, the main…