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COHN v. TOWN OF RANDALL

No. 00-2176.

247 Wis.2d 118 (2001)

2001 WI App 176

633 N.W.2d 674

Barbara COHN, Bob Rohr, David Ott, Larry Yakutis, Stan Stawaaz, Mary Mavon, Richard Vogt, Valerie Kunde, Barbara Mertes-Wysocki, Brent Matson, Jeff Zwolak, John Dovgin, Carolyn Dovgin, Richard Peck, Marleen Peck, Edward Mooney, Steve Gutschick, Nadine Radtke, Victoria Rogers, Barry Shechtman, Kay Watters, Daniel Aronson, Ken Johnson, Kimberly Bernard, Maureen Alcorn, Roberta Weisner, Richard Poteracki and Rachelle Poteracki, Plaintiffs-Respondents-Cross-Appellants, v. TOWN OF RANDALL, Defendant-Appellant-Cross-Respondent.

Court of Appeals of Wisconsin.

Decided July 3, 2001.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant-cross-respondent, the cause was submitted on the briefs of Raymond J. Pollen and Deborah S.R. Hoffmann of Crivello, Carlson, Mentkowski, Steeves, S.C. and Larry Steen of Larry Steen Law Office, Milwaukee. There was oral argument by Raymond J. Pollen and Larry Steen.

On behalf of the plaintiffs-respondents-cross-appellants, the cause was submitted on the brief of Adrian P. Schoone of Schoone, Leuck, Kelley, Pitts & Knurr, S.C. and Robert E. Hankel of Knuteson, Powers & Wheeler, S.C., Racine. There was oral argument by Robert E. Hankel.

Before Brown, P.J., Anderson and Snyder, JJ.

¶ 1. BROWN, P.J.

The Town of Randall appeals from a summary judgment finding no dedication of roadways for public use. Residents who live in the subdivisions containing the roadways cross-appeal the dismissal of their suit for certiorari review of the actions of the Town Board. Because we determine that there has been an effective common law dedication of roadways for public use, we reverse the judgment in favor of...

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