Tomaszewski v. Giera

CANE, C.J.

¶ 1. David Giera appeals a judgment ordering him to pay Robert Tomaszewski $1,998 for his share of a fence Tomaszewski built on the border of their adjacent lands pursuant to Wis. Stat. § 90.10. Tomaszewski sued Giera to recover his cost of building Giera's portion of the fence after the town fence viewers determined Giera owed significantly less than what Tomaszewski actually paid to build the fence. Giera moved for summary judgment arguing the remedy provided in the fence viewing statute, Wis. Stat. § 90.11, was the only remedy available to Tomaszewski and that the fence viewers'…