Thursday, April 25, 2019
Pinkert Law Firm LLP is proud to announce that Attorney Amy M.
Sullivan is the recipient of the NexGen Shining Star award for
2019. The Shining Star award honors an individual who has
demonstrated sustained community involvement and leadership,
achieved professional successes and serves as a mentor for the next
generation of Door County residents. The award is given out each
year by the NexGen Young Professionals Network at their annual
Attorney Sullivan has been an invaluable partner at firm and has
contributed many hours to the Door County Community at large.
Pinkert Law Firm is proud to have Attorney Sullivan as a partner
and wishes her much continued success.
Friday, November 3, 2017
Adverse possession enables a party to obtain title of another's
property by operation of law.
Case example: Kruckenberg v. Krukar et
Kruckenberg and Krukar are neighbors. Kruckenberg
purchased his 40 acre parcel in 1983 and Krukar purchased his 11.5
acre parcel in 2001. Kruckenberg's parcel is generally west
of Krukar's parcel, with the exception of a deeded one rod strip of
land along the south boundary of Krukar's parcel. An 1882
predecessor deed described a one rod (16.5 feet) strip of land
"designed as a roadway." Krukar's predecessor was required to
construct and maintain a fence along the north margin of the road
description. The fence was never located within the one rod
specification; rather, it encroached 10 to 12 feet onto Krukar's
parcel along the length of the driveway.
The neighbors argued over the fence and the encroachment for
10 years. Krukar's request to remove the fence was denied by
Kruckenberg. Along the way, Kruckenberg gave different
people, including Krukar, permission to use the roadway for
specific tasks, and he posted a "no trespassing" sign at the
entrance. Krukar eventually removed the fence without
permission, and Kruckenberg sued. Krukar moved for summary
judgment, but it was denied. The jury ultimately found
adverse possession and awarded damages for removal of the
On appeal, a court will search for any credible
evidence that will support a jury verdict. Here, the Court of
Appeals determined there was credible evidence to support the
verdict, holding that the circuit court properly denied Krukar's
motion for summary judgment and granted judgment on the jury
If you have a property dispute, contact Jim Smith, Jon
Pinkert or Amy Sullivan at Pinkert Law Frim LLP to discuss.
Thursday, October 26, 2017
Last weekend, Governor Walker attended the Leadership
Summit of The Conference of Great Lakes and St. Lawrence Governors
and Premiers to discuss the economic role our Great Lakes play and
the stewardship responsibility to protect these resources for the
future.Do you live on the water? Are you
considering purchasing land on the water? If you have
questions about your riparian rights or responsibilities contact
Jim Smith at Pinkert Law Firm LLP today.
Thursday, October 26, 2017
Governor Walker announced yesterday that the Wisconsin
Department of Natural Resources state forestry headquarters will be
relocating from Madison to the DNR Rhinelander Service Center by
the first of next year.
Through the Managed Forest Law and Forest Crop Law programs,
some private forest lands are open to the public for recreational
purposes. Did you know that Wisconsin is in the minority of
states that has recreational immunity protection for
If you have questions about recreational immunity protection
for public use of your land, please contact Pinkert Law Firm
Friday, October 20, 2017
In Wisconsin, a signed release is a contract and freedom to
contract has long been protected in this state.
Antrice Hart was injured when her car was rear-ended by a
car that was pushed by a vehicle driven by Esvin Gomez. Ms.
Hart immediately called Artisan and Truckers Casualty Company to
report the claim. Shortly thereafter, an Artisan
representative telephoned and discussed settlement with Ms.
Hart. The representative told Ms. Hart she would need to sign
a release to settle her claim. On the same day of the
accident, Ms. Hart signed a release entitled "Full Release of All
Claims with Indemnity." In fact, Artisan had the release
ready for her to sign when she went to the Artisan service center
to drop off her car for repair.
Approximately 9 ½ months later, Ms. Hart filed a personal
injury action, and Artisan moved to dismiss her lawsuit based on
the signed release. The legal issue was whether the release
Ms. Hart signed was admissible evidence. Wisconsin Statute
section 904.12(1) bars admissibility of statements made or writings
signed by an injured party within 72 hours of an accident.
However, the Court of Appeals holds that this statute does not
apply to releases.
Before you sign off on your injury claim, call Pinkert Law Firm
LLP to discuss your rights. If it seems too quick, it
Tuesday, March 7, 2017
On March 6, 2017, Attorneys Jim Smith, Randy Nesbitt, Jon
Pinkert, and Amy Sullivan attended the Door County Planning
Department's Informational Meeting Regarding New Shoreland Zoning
Regulations. Shoreland zoning affects all waterfront properties in
Door County. There were significant changes to the state statutes
in July 2015 and to the Door County Ordinances in late 2016
regarding shoreland zoning. Zoning changes include averaging
setbacks for buildable shoreland lots, impervious surface
calculations, non-conforming structures, and much more. The changes
in rules even make some previously unbuildable lots now buildable.
Pinkert Law Firm LLP advises clients on all types of projects which
relate to zoning, including commercial and residential development,
the purchase and sale of real estate, variances, and conditional
use permits. Staying on top of the most recent legislation is an
important part of our practice. If you would like to schedule a
meeting to discuss the shoreland zoning changes or any other zoning
issues, please call our office today.
Thursday, January 5, 2017
Pinkert Law Firm LLP is pleased to announce that Attorney Amy M.
Sullivan has been named a Partner of the firm as of January 1,
2017. Amy is a member of the State Bar of Wisconsin and a past
president of the Door County Bar Association. A native of Southern
Door, Amy graduated from Ripon College and from the University of
Wisconsin Law School. She joined the firm in 2012 and focuses her
practice on real estate, estate planning, business law, and general
practice. Amy is involved in several community organizations
including the Boys and Girls Club of Door County and Money
Management Counselors. She currently resides in Southern Door with
her husband, Michael.
Wednesday, July 20, 2016
Congratulations to our Partner, David L. Weber, on his
judicial appointment as Door County Circuit Court
August 16th will be David L. Weber's first day on the
job as Door County Circuit Court judge. Weber was recently named to
the position by Governor Scott Walker, following the retirement of
Judge Peter Diltz.
"I am thrilled to appoint David Weber as judge in Door
County," said Governor Walker. "David's long-term commitment to the
Door County community and his passion for the rule of law make him
a great asset to the judiciary."
Attorney Weber joined the firm in 1992 and has served as
a partner at the Pinkert Law Firm since 1996. He has handled
complex litigation cases involving insurance, contract, real
estate, commercial, employment, family, corporation, probate, and
personal injury law. Weber has been named a "Wisconsin Super
Lawyer" since 2013 and received a Martindale Hubbell AV rating
since 2009. Attorney Weber will be sworn in by his new colleague,
Judge D. Todd Ehlers.
An investiture ceremony with representatives from the
Wisconsin Supreme Court and other circuit court judges from around
the state is also scheduled to take place on August 26th at 4
Thursday, October 30, 2014
Partners James Smith and Randy
Nesbitt of the Pinkert Law Firm recently presented a $5000 check to
Julie Davis, Executive Director of the Door County Boys & Girls
Club. The Pinkert Law Firm believes in equality and fairness in
their representation of their clients and sees the value of
instilling those qualities in the next generation. "The Boys &
Girls Club is working to develop good character, civic engagement
and academic success in Door County youth. We're proud to make an
investment supporting our youth and the future of Door County."
Friday, June 6, 2014
The Wisconsin Supreme Court recently decided State v. Matesek.
The Court held that in order to be eligible for juvenile
expungement, the court must order at the time of sentencing that
the defendant is eligible. A defendant cannot seek expungement
after sentencing if it was not ordered at that time. Wisconsin
Assembly Bill 818 was previously introduced in the legislature in
February. The Bill proposed changing the law so that someone
convicted of a crime who qualifies for juvenile expungement could
petition for it at any time, including after successful completion
of his or her sentence. However, as of April 8, 2014, the bill
failed to pass pursuant to a Senate Joint Resolution. If you would
like to consult with an attorney to see if you qualify for juvenile
expungement, contact our office to make an appointment.