S.S. Kresge v. Winkelman Realty
|S.S. Kresge v. Winkelman Realty|
|Court||Wisconsin Supreme Court|
|Date decided||January 8, 1952|
Kresge's property contained an alleyway that connected to a barbershop; the barbershop was leased to Sears.
Kresge wanted to close the alleyway used to access the Sears building.Winkelman Realty bought the property used by Sears. Winkelman used the alleyway to deliver goods to both Sears and the newly-acquired stores adjacent to Sears.
Kresge sued Winkelman to enjoin (prohibit) Winkleman from using the alleyway for any purpose other than the Sears-related department store.The Wisconsin trial court ruled that Winkleman's use of the alleyway beyond the needs of the Sears store was placing too much burden on the Kresge servient estate.