Shelton v. Dolan

Patrick Shelton appeals the trial court's order dismissing his complaint for a declaration of his interest in a disputed piece of property, either as owner by adverse possession or by right of prescriptive easement. The trial court concluded that both claims were barred by § 893.33, STATS., which provides time limitations for initiating certain actions concerning real estate. Shelton argues on appeal that the thirty-year time limit in § 893.33(2) does not apply to claims of adverse possession because of an exception in § 893.33(5), and the trial court therefore erred in dismissing that claim.…