Ellingsworth v. Swiggum

Frederick and Susan Swiggum appeal from a declaratory judgment permitting William and Helen Ellingsworth to replace a pier at the end of the Ellingsworths' easement on a riparian lot owned by the Swiggums. The Swiggums had removed the pier. After a trial to the court, the court concluded that the Ellingsworths, as non-riparian owners, were permitted to maintain the pier under § 30.131, STATS., and so had the right to replace the pier. We conclude that § 30.131 does not give the Ellingsworths the right to maintain or replace the pier, and therefore we reverse.

The relevant facts are not in…