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MOMMSEN v. SCHUELLER

No. 98-3095.

228 Wis.2d 627 (1999)

599 N.W.2d 21

Hugh R. MOMMSEN, Karen J. Mommsen, and John Mommsen, Plaintiffs-Respondents, v. Duane SCHUELLER, as commissioner of the Barron County Highway Department, Barron County Highway Committee, and Barron County, Defendants-Appellants.

Court of Appeals of Wisconsin.

Decided June 8, 1999.

Attorney(s) appearing for the Case

On behalf of the defendants-appellants, the cause was submitted on the briefs of John Muench, corporation counsel, of Barron.

On behalf of the plaintiffs-respondents, the cause was submitted on the brief of Joe Thrasher and Thrasher, Doyle, Pelish & Franti, Ltd. of Rice Lake.

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

HOOVER, J.

This appeal involves access to Barron County Highway SS, a four-lane divided highway. Duane Schueller, the Barron County Highway Committee and Barron County (the County) appeal a summary judgment entered in favor of Hugh, Karen and John Mommsen, which: (1) invalidated the County's highway access ordinance on the grounds that it controlled access without complying with § 83.027, STATS.; and (2) permitted the Mommsens to construct a driveway onto Hwy...

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