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BRANCH v. OCONTO COUNTY

13 Wis.2d 595 (1961)

BRANCH, Appellant, v. OCONTO COUNTY, Respondent.

Supreme Court of Wisconsin.

May 2, 1961.

Attorney(s) appearing for the Case

For the appellant there was a brief and oral argument by Howard W. Eslien of Oconto Falls.

For the respondent there was a brief and oral argument by Edward P. Herald, special district attorney.

FAIRCHILD, J.

1. Validity of sec. 23.09 (14), Stats. Sec. 23.09 (14) provides:

"Ways to waters. The county board of any county may condemn a right of way for any public highway to any navigable stream, lake, or other navigable waters. Such right of way shall be not less than 60 feet in width, and may be condemned in the manner provided by chapter 32; but the legality or constitutionality of this provision shall in nowise affect the legality or...

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