COUNTY OF LANGLADE v. KASTER

No. 95-2694.

202 Wis.2d 448 (1996)

550 N.W.2d 722

COUNTY OF LANGLADE, Plaintiff-Respondent, v. Michael N. KASTER and Jacqueline T. Kaster, husband and wife, Defendants-Appellants.

Court of Appeals of Wisconsin.

Decided May 7, 1996.


Attorney(s) appearing for the Case

On behalf of plaintiff-respondent, the cause was submitted on the brief of Robin James Stowe, corporation counsel of Antigo.

On behalf of defendants-appellants, the cause was submitted on the briefs of Thomas J. Nichols and Christopher L. Rexroat of Meissner Tierney Fisher & Nichols S.C. of Milwaukee.

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


LaROCQUE, J.

Michael N. and Jacqueline T. Kaster appeal a judgment declaring Langlade County's ownership of a road running through their property as a public highway pursuant to § 80.01(2), STATS., because the County "worked" the road for ten years. We conclude that the evidence is insufficient as a matter of law to show the road has been worked as a public highway for purposes of § 80.01(2). The evidence established only that, over a twenty-five-year period...

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