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BERSCHENS v. TOWN OF PRAIRIE DU SAC

No. 75-243.

76 Wis.2d 115 (1977)

250 N.W.2d 369

BERSCHENS, Appellant, v. TOWN OF PRAIRIE DU SAC, Respondent.

Supreme Court of Wisconsin.

Decided February 15, 1977.

Attorney(s) appearing for the Case

For the appellant there was a brief by Carlyle Whipple and McBurney, Musolf & Whipple, S.C., and oral argument by Carlyle Whipple, all of Madison.

For the respondent there was a brief by Carl R. Marquardt and Staub & Marquardt, and oral argument by Carl R. Marquardt, all of Sauk City. A brief amicus curiae was filed for Susan Huerth by Hill, Quale, Hartman, Bohl & Evenson of Baraboo.

DAY, J.

Mr. John I. Berschens appeals from a judgment and order of the circuit court rendered April 23, 1975 quashing a writ of certiorari addressed to the Board of Supervisors of the Town of Prairie du Sac, Sauk County ("the Board"). The Board denied Mr. Berschens' application to lay out a road pursuant to sec. 80.13 (1), Wis. Stats. 1973.1

The issues which we deem dispositive on this appeal are:

(1) Whether the lower...

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