Olson, Mitch R.

Mitch R. Olson

Elizabeth Eugster


Mitchell Olson is a partner in the firm and member of Axley’s Litigation Practice Group. His practice focuses on general civil litigation, with an emphasis on commercial, real estate and land use litigation. Mr. Olson regularly tries cases to both courts and juries throughout Wisconsin. He works out of Axley’s Madison and Waukesha offices.

Mr. Olson represents individuals and businesses with respect to commercial disputes, including collections, contract disputes, construction and real estate. He also litigates condemnation and eminent domain matters on behalf of both condemnors and landowners. He has significant experience litigating probate and insurance matters, as well.

Mr. Olson frequently represents a range of clients from non-profits to private landowners and developers of all sizes in matters pertaining to land development, zoning and permitting – including litigation that may arise with local governments or state agencies. He holds a master’s degree in Land Use Planning and Zoning, and has experience appearing and presenting before local zoning committees and municipal boards. He and the Axley Frac Sand Group have handled numerous permitting matters for frac sand developers seeking assistance with all aspects of permitting and regulation.

A Madison area native, Mr. Olson has practiced in various legal settings, from a small firm in Northern Wisconsin to a large firm in Madison. He has also appeared in courts in over half the counties across the state. His successes demonstrate that he is an experienced and effective attorney, representing clients before town boards, large cities and all Wisconsin courts.

Mitch and his wife, Sara, have two young children. He is passionate about fly-fishing for trout in Wisconsin’s streams, attending as many Badger Basketball and Football games as possible, and enjoying time with his family.

Admitted to practice in the State Courts of Wisconsin and Federal Court for the Western District of Wisconsin.


J.D., Northwestern School of Law of Lewis & Clark College
M.A., University of Wisconsin-Madison in Urban & Regional Planning
B.A., Phi Beta Kappa, University of Wisconsin- Madison

Involvement & Recognition


  • Member, Dane County Bar Association
  • Member, Madison MAGNET
  • Board of Directors, Northwoods Land Trust in Eagle River, Wisconsin
  • Board of Directors, Operation Fresh Start, Madison, Wisconsin
  • Member, State Bar of Wisconsin
  • Member, Wisconsin Defense Counsel
  • Member, Waukesha County Bar Association
  • Coach, Monona Grove Youth Soccer Association
  • Associate Counsel, Wisconsin Transportation Builders Association


  • Named to the 2010 and 2012 Wisconsin Rising Stars Lists (Primary Area of Practice: General Litigation)
  • Martindale-Hubbell NotableSM Peer Review Rated by Martindale-Hubbell® Peer Review Ratings™
  • Recognized in The Best Lawyers in America© (2018-2024 Edition) – Litigation – Land Use and Zoning

Client Successes

Assisted frac sand developer in Eau Claire County, WI to prevail on appeal of decision of Town Board initially denying development proposal.

Olson, Mitch R.

Obtained temporary injunction for contractor client vacating half-million dollar subcontractor lien claims after three-day evidentiary hearing in Dane County Circuit Court

Olson, Mitch R.
Commercial Litigation

Obtained a jury verdict in favor of a Wisconsin County dismissing landowner’s timber trespass lawsuit

Prevailed in court trial on breach of contract claim brought by insurance agents against insurance agency finding failure to pay commissions earned on agents’ books of business

Olson, Mitch R.
Commercial Litigation, Litigation

Represented several major real estate development firms in northern and central Wisconsin on all aspects of recreational land developments, including creation and expansion of condominiums, road maintenance agreements, homeowners’ associations, easements, boundary disputes and general litigation

Prevailed in the Court of Appeals, reversing trial court judgment, on behalf of real estate agent, establishing agent’s right to sales commission during extension of listing period under standard listing contract; Salewske v. Depies, 239 Wis. 2d 594, 620 N.W.2d 482 (Ct. App. 2000)

Represented Wisconsin town governments with respect to all zoning matters, including circuit court enforcement actions

Prevailed in court trial before Federal Bankruptcy Court in defense of $3 million claim for alleged failure to reclaim non-metallic mining site

Obtained judgment in court trial in Dane County Circuit Court for partition of real estate holding in same-sex marriage dissolution

Assisted client in obtaining settlement in excess of $400,000 for repairs to agricultural land caused by pipeline construction

Obtained permanent injunction in Vilas County action on behalf of landowners, preventing neighboring developer from using landowners’ private roadway to access new development, based on overburden of tenancy in common and application of restrictive covenants; affirmed on appeal, and published at Nettesheim v. S.G. New Age Products, Inc., 702 N.W.2d 449, 2005 WI App 169 (2005)


Other Presentations & Publications
Presentation: "Town & Country Imposed Road Agreements." Presented at Aggregate Producers of Wisconsin Seminar, Stevens Point, WI (12/6/2012)
Article: "The R.S. 2477 Right Way of Dispute: Constructing a Solution." Environmental Law. Vol. 27, Issue 1 (1997)
Article: "When Are Answers to Requests to Admit Binding? The Aftermath of Luckett v. Bodner." Wisconsin Civil Trial Journal (2010)