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LANGE v. TUMM

No. 99-3247-FT.

237 Wis.2d 752 (2000)

2000 WI App 160

615 N.W.2d 187

Archie F. LANGE, Plaintiff, Rose M. LANGE, successor to the interest of Archie Lange, Appellant, v. Ronald TUMM and the Town of Ludington, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided May 31, 2000.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of John F. Wilcox of Wilcox, Wilcox, Enright, Hallstein, McMahon & Adler, LLC, Eau Claire.

On behalf of the defendant-respondent, Ronald Tumm, the cause was submitted on the brief of William G. Thiel of Weld, Riley, Prenn & Ricci, S.C., Eau Claire.

On behalf of the defendant-respondent, Town of Ludington, the case was submitted on the brief of David H. Raihle, Jr., of Raihle Law Office, Chippewa Falls.

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

¶ 1. PETERSON, J.

Archie Lange1 appeals a summary judgment declaring an old town highway discontinued. We reverse the judgment because there is a genuine issue of material fact as to whether the highway was entirely abandoned.

BACKGROUND

¶ 2. Lange brought a declaratory judgment action against Ronald Tumm and the Town of Ludington seeking declaration that an old town highway leading to his property remains open...

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