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SELK v. TOWNSHIP OF MINOCQUA

No. 87-2005.

143 Wis.2d 845 (1988)

422 N.W.2d 889

IN RE the MATTER OF the VACATION OF a PORTION OF CEDAR LAKE LOCATED CONTIGUOUS TO & BETWEEN LOT 1 OF the HAZELHURST LAND COMPANY'S FIRST ADDITION TO MINOCQUA, BEING PART OF GOVT. LOT 6, SECTION 14, T39N, R6E, BEING the WEST 126 FEET THEREOF LYING BETWEEN the ORDINARY HIGHWATER MARK BETWEEN the SHORES OF LAKE MINOCQUA & POINT 125.83 FEET EAST THEREOF: Gerald E. SELK and Judith A. Selk, Appellants, v. TOWNSHIP OF MINOCQUA, Respondent.

Court of Appeals of Wisconsin.

Decided March 8, 1988.

Attorney(s) appearing for the Case

For appellants, there was a brief by John E. Danner of Harrold, Scrobell & Danner, S.C., of Minocqua.

For respondent, there was a brief by John C. Houlihan of Ames & Houlihan, Ltd., of Minocqua.

Before Cane, P.J., LaRocque and Myse, JJ.

LaROCQUE, J.

Gerald and Judith Selk own property that abuts a strip of land leading to the shore of Lake Minocqua. The strip, dedicated as a street in 1906, was never developed by the Town of Minocqua. The trial court postponed a decision to grant the Selks' petition to vacate the street in order to give the town an opportunity to develop it. It ordered that if a street is not developed by Labor Day, 1988, the petition is

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