Attorney Charles Kramer of Weiss Law Office, S.C., was winning counsel of record in Kresovic v. Kresovic, Case No. 2015AP002159. Kresovic involved two family members who could not agree on how to use a jointly owned 47-acre parcel in Franklin, Wisconsin. Weiss Law Office, S.C.’s client wanted the property sold as a whole while the other party wanted the property split between them. The Trial Court concluded that the property should be sold as a whole at sheriff’s sale.
On appeal, Attorney Kramer argued that the Trial Court had not erroneously exercised its discretion in ordering the property sold. He argued that the facts in this particular case warranted overcoming the preference that the property be divided. In order for the parties to achieve the highest and best usage of the property, development, they would have to cooperate. Given the record in the case, cooperation between the parties was a practical impossibility. Without cooperation, the property would remain what it was: a 47-acre parcel rented out to a farmer for far less than it was worth as developable property. The Court of Appeals agreed that the Trial Court had properly exercised its discretion in ordering the sale of the property as a whole. Accordingly, it affirmed.
The opinion may be found at: https://www.wicourts.gov/ca/opinion/DisplayDocument.pdf?content=pdf&seqNo=173770