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TOWN BOARD OF TOWN OF TAYCHEEDAH v. WEBB

No. 83-1210.

118 Wis.2d 362 (1984)

348 N.W.2d 591

TOWN BOARD OF the TOWN OF TAYCHEEDAH, Petitioner-Respondent, v. Walter WEBB and Helen Webb, Defendants-Appellants.

Court of Appeals of Wisconsin.

Decided March 7, 1984.

Attorney(s) appearing for the Case

For the defendants-appellants, the cause was submitted on the briefs of Dale L. English of Colwin, Fortune, Colwin & Pomeroy, S.C. of Fond du Lac.

For the petitioner-respondent, the cause was submitted on the brief of Roy W. Thiel, Jr. of Thiel and Thiel of Fond du Lac.

Before Scott, C.J., Brown, P.J., and Nettesheim, J.

NETTESHEIM, J.

The Webbs seek review of a judgment dismissing their appeal, pursuant to sec. 80.17, Stats., of a Town Board order laying out a highway over their land. The circuit judge held he lacked subject matter jurisdiction because the appeal (1) was directed to the circuit court rather than to a circuit judge; (2) requested a reversal of the Town Board's order "in toto" rather than seeking appointment of commissioners, and (3) was not accompanied by a...

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