CARROLL v. TOWN OF BALSAM LAKE

No. 96-1143-FT.

206 Wis.2d 529 (1996)

559 N.W.2d 261

Gerald T. CARROLL, Janice A. Carroll and Allen D. Bune, Plaintiffs-Respondents, v. TOWN OF BALSAM LAKE, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided November 19, 1996.


Attorney(s) appearing for the Case

On behalf of defendant-appellant, the cause was submitted on the brief of Bruce P. Anderson and Anderson & Schneider of Balsam Lake.

On behalf of plaintiffs-respondents, the cause was submitted on the brief of Matthew A. Biegert and Doar, Brill & Skow, S.C. of New Richmond.

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


LaROCQUE, J.

The Town of Balsam Lake appeals a judgment ordering certain property in Polk County to be discontinued as a public highway, and granting the adjoining landowners quiet title.1 The Town argues that the trial court misapplied § 80.32, STATS. We agree and therefore reverse.

The relevant facts are not in dispute. The landowners commenced an action seeking title to certain property through operation of § 80.32...

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