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GAETHKE v. TOWN BOARD, TOWN OF CLAY BANKS

No. 76-133.

86 Wis.2d 495 (1979)

273 N.W.2d 764

GAETHKE, and wife, Appellants, v. TOWN BOARD, TOWN OF CLAY BANKS, Respondent.

Supreme Court of Wisconsin.

Decided January 9, 1979.

Attorney(s) appearing for the Case

For the appellants the cause was submitted on the brief of Paul L. Jonjak and Jonjak, Havens & Kase of Sturgeon Bay.

For the respondents the cause was submitted on the brief of S. Dean Pies and Miller, Pies, Blazkovec & Evans of Algoma.

DAY, J.

This is an appeal from a judgment entered October 5, 1976, upholding the action of the respondent Town Board extending a town road over land belonging to Edmund and Lorena Gaethke, his wife, appellants, to serve as access to the property of another.

The question on appeal is, did the Town Board of the Town of Clay Banks, Door County, abuse its discretion by laying out a public highway over the private lands...

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