Advertisement
The court determined the Olsons and their neighbors can keep signs on their properties about adverse possession until further notice, without the Olsons facing arrest.
The couple lost 0.18 acres in August when Trempealeau County Circuit Court Judge John Damon awarded ownership of the land to Mark and Ellen Thorn under the state’s adverse possession law.
That statute states anyone who uses a property for at least 20 years can claim ownership, even if it had belonged to someone else.
At a Sept. 29 hearing between the Olsons and Mark and Ellen Thorn, Trempealeau County Circuit Judge John Damon ordered the Olsons to have all signs removed from within a two-mile radius of the Thorn’s property — which is for sale. Ellen Thorn said the signs violate a court order that the Olsons cannot have contact with potential buyers of the property.
Damon also ordered all signs and a fence on the disputed parcel be removed by Oct. 6.
He said if the Olsons did not comply with the orders, they would be incarcerated in the La Crosse County Jail for six months.
Friday’s decision by the Court of Appeals not only determined that the signs could stay but that the Olsons could have contact with potential buyers of the Thorns’ property.
The Olsons complied with the order to have the fence and signs on the disputed parcel removed.
The court’s decision is effective until it reviews transcripts from the decision made in court in August. Transcripts will be available Oct. 17.
Pam Olson said she’s pleased the court upheld her and her husband’s right to speak their opinions.
“I’m very happy that they decided that the signs could stay,” Olson said. “I’m a bit disappointed that the fence needed to come down, but I understand that was part of the original decision.”
The Olsons were granted permission by the Thorns’ attorney, Dan Arndt, to cross the Thorns’ property to remove the signs.
Pam Olson said she hopes the Court of Appeals will determine Damon made the wrong decision and that she and her husband will not have to pay the Thorns monetary damages of $30,770.
That decision by Damon being put on hold pending decision by the Circuit Court of Appeals.
Ellen Thorn said she’s happy that a stay was not put on other parts of the original court order. She pointed out that the decision to place a stay on some parts is only temporary.
“They based it on one side,” Thorn said. “Once the Court of Appeals has the judge’s transcript, we expect that they’ll make a decision based on all of the facts.”
Emily Wilson is the assistant editor at the Coulee News in West Salem.
Richard Prow wrote on Oct 24, 2006 8:24 AM: