A recent decision from the Wisconsin Court of Appeals has drawn attention to a contentious property dispute involving claims of trespass and ownership. The case centers around an appeal filed by Douglas Thome, who is contesting a previous judgment that found his house encroaching on land owned by William Carlson and the Estate of Ann B. Carlson. The appeal was heard in the Court of Appeals for Marquette County, with Judge Mark T. Slate presiding over the original circuit court case. The appellate court’s decision, dated November 20, 2025, partially reversed the lower court’s ruling and remanded the case for further proceedings.
The legal battle began when William Carlson filed a complaint against Douglas Thome in November 2019, alleging that Thome’s retaining wall and house encroached upon Carlson’s property along Mason Lake in Briggsville. Carlson’s claims were rooted in a 1996 judgment that established property boundaries following a dam burst in 1995. This judgment had previously determined that part of Benton Street belonged to the Carlsons, with no ownership interest held by Thome’s predecessor, Juanita Kennedy. However, Thome argued that his quit claim deed granted him exclusive title to the disputed land, which he acquired after Marquette County issued a tax deed due to unpaid taxes by Kennedy.
Thome contended that the tax deed effectively broke any prior chain of title and vested absolute ownership with him under Wisconsin law. He sought partial summary judgment on these grounds but faced opposition from Carlson, who maintained that the earlier judgment still held sway over property lines. The circuit court initially sided with Carlson on declaratory judgments but left room for trial on trespass claims regarding specific boundary markers.
As proceedings continued, both parties accused each other of frivolous litigation tactics leading to sanctions motions. The circuit court ultimately sanctioned Thome for attempting to relitigate settled issues without presenting new evidence or changes in law. Conversely, Thome’s motion for sanctions against Carlson was denied.
The appellate court’s recent decision addressed these complexities by affirming some aspects while reversing others related to summary judgments and sanctions orders. It concluded that Thome’s acquisition via tax deed indeed severed previous titles as per state statutes—a pivotal point favoring his appeal concerning declaratory judgments about property boundaries.
Representing their clients were attorneys from various law firms involved throughout this protracted legal saga: Samuel A. Christensen served as Clerk of Court; Judges Kloppenburg, Nashold, and Taylor reviewed appeals; Mark T. Slate presided at trial level; Case ID is 2024AP930.
Source: 2024AP930_Carlson_v_Thome_Opinion_Wisconsin_Court_of_Appeals.pdf
