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MUSCHEL v. TOWN OF MOLITOR

No. 84-696.

123 Wis.2d 136 (1985)

365 N.W.2d 622

Tony MUSHEL and Vivian Mushel, husband and wife, and Bernice Dannies, a widow, Plaintiffs-Respondents, v. TOWN OF MOLITOR, a municipal corporation, Defendant-Appellant, and STATE of Wisconsin PUBLIC INTERVENOR Kathleen M. FALK, Intervenor-Appellant.

Court of Appeals of Wisconsin.

Decided February 5, 1985.

Attorney(s) appearing for the Case

For the appellant the cause was submitted on the briefs of Krueger, Thums, Tlusty, Hittner & Kennedy, S.C., Raymond F. Thums and Sandra J. Marcus, of Schofield.

For the intervenor-appellant the cause was submitted on the briefs of Douglas P. Dixon, Michael D. O'Brien, public intervenor law clerks, and Kathleen M. Falk, Wisconsin public intervenor.

For the respondents the cause was submitted on the brief of Rusch & Rusch Law Office, S.C., and Robert P. Rusch of Medford.

Before Cane, P.J., Dean and Brown, JJ.

CANE, P.J.

The Town of Molitor and the Wisconsin public intervenor appeal a judgment declaring that the interest in a road leading to Lake Nineteen belongs to private landowners. The appellants contend that the property does not belong to the private landowners for a variety of reasons, including: (1) the town acquired a right-of-way easement by deed to use the road; (2) the town properly followed the statutory procedure for laying out and opening a road; (3) the...

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