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SCHAETZ v. TOWN OF SCOTT

No. 98-0841.

222 Wis.2d 90 (1998)

585 N.W.2d 889

IN the MATTER OF APPLICATION OF Gerald T. SCHAETZ, Marilyn J. Schaetz his wife, and Mary Jo Beauchamp: Gerald T. SCHAETZ, Marilyn J. Schaetz his wife, and Mary Jo Beauchamp, Petitioners-Appellants, v. TOWN OF SCOTT, Respondent-Respondent.

Court of Appeals of Wisconsin.

Decided September 22, 1998.

Attorney(s) appearing for the Case

On behalf of the petitioners-appellants, the cause was submitted on the briefs of Michael H. Berken of Kaftan, Van Egeren & Gilson, S.C., Green Bay.

On behalf of the respondent-respondent, the cause was submitted on the brief of Dennis M. Duffy of Peterson, Wieting, Calewarts, Duffy & Maxwell, Green Bay.

Before Cane, C.J., Myse, P.J., and Hoover, J.

MYSE, P.J.

Gerald and Marilyn Schaetz and Mary Jo Beauchamp appeal an order dismissing their petition to vacate a portion of a platted street adjacent to and abutting their real estate. The issue on appeal is whether the street vacating procedures of § 236.43(1)(a), STATS., are available to appellants notwithstanding the filing of an assessor's map. Appellants contend that ch. 236 allows them to vacate the street on the original subdivision plat pursuant to ...

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