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TAGATZ v. TOWNSHIP OF CRYSTAL LAKE

No. 00-1035.

243 Wis.2d 108 (2001)

2001 WI App 80

626 N.W.2d 23

Glenn E. TAGATZ, Plaintiff-Respondent, v. TOWNSHIP OF CRYSTAL LAKE, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided March 29, 2001.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of John E. Thiel of Godfrey & Kahn, S.C., Appleton.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Bernard N. Bult of Bernard N. Bult, S.C., Princeton.

Before Dykman, P.J., Roggensack and Mason, JJ.

¶ 1. MASON, J.

The Town of Crystal Lake appeals a judgment requiring the Town to lay out a road to Glenn Tagatz's landlocked property. The trial court, construing WIS. STAT. § 80.13(3) (1997-98),2 concluded that the Town was required to build a road to a landlocked parcel if asked to do so. We conclude that the Town has discretion under § 80.13(3) to decide whether it is in the...

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