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POYNTER v. JOHNSTON

No. 81-2046.

114 Wis.2d 439 (1983)

338 N.W.2d 484

James M. POYNTER, Shirley Poynter, James Sanders, Rita Sanders, Robert Steinmetz, Patricia Steinmetz, Randall Montgomery, Joan Montgomery and Donald Johnson, Plaintiffs, v. Wayne JOHNSTON and Diane Johnston, his wife, Defendants and Third-Party Plaintiffs-Appellants-Petitioners, Benjamin GEORGE, Ray G. Brown, Robert C. Orf, as members of the town board, and Town of St. Joseph, Third-Party Defendants-Respondents.

Supreme Court of Wisconsin.

Decided October 4, 1983.

Attorney(s) appearing for the Case

For the petitioners there were briefs by Alex S. Kosa and Law Offices of Alex S. Kosa, Hudson, and oral argument by Alex S. Kosa.

For the respondents there was a brief by Edward F. Vlack and Davison & Vlack, River Falls, and oral argument by Edward F. Vlack.

STEINMETZ, J.

The principal issue in this case is whether there is a genuine issue of material fact regarding the issue of acceptance of the road as a public road which would preclude the granting of a motion for summary judgment. The trial court, the Honorable John G. Bartholomew, granted a motion for summary judgment brought by the town and its officers. The court of appeals affirmed. We find there is sufficient conflict of evidence to conclude that the trial court...

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