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CLOSSER v. TOWN OF HARDING

No. 96-3086.

212 Wis.2d 561 (1997)

569 N.W.2d 338

Paul CLOSSER and Gail Ann Closser, Plaintiffs-Respondents, v. TOWN OF HARDING, Lincoln County, Wisconsin, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided July 31, 1997.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Richard J. Weber of Kelley, Weber, Pietz & Slater, S.C. of Wausau. On behalf of the plaintiffs-respondent, the cause was submitted on the brief of Stuart R. Rottier of Crooks, Low & Connell, S.C. of Wausau.

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

LaROCQUE, J.

The Town of Harding appeals a judgment rendered pursuant to § 236.43(1), STATS., vacating a part of a plat dedicated as a roadway providing lake access. The trial court granted the plaintiffs, the landowners adjacent to the roadway, their application to vacate the dedicated land. The court held that the only improvement on one occasion by the Town in the past forty years was not an improvement as a street, road or other public way and did not provide...

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