Konneker v. Romano

*296SHIRLEY S. ABRAHAMSON, C.J.

¶ 43. {concurring). I agree with the majority opinion that the case should be remanded to the circuit court. The language in the deed creating the easement is silent about the purpose and scope of the easement, leaving a factual dispute that warrants further proceedings.

¶ 44. The majority remands the matter to the circuit court because "it is not clear from the deed whether the parties intended the easement holder to have riparian rights, including the right to construct and maintain a pier." Majority op., ¶ 41.

¶ 45. In my view, the focus on remand should be not on…