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TOPPS v. COUNTY OF WALWORTH

No. 02-0653.

260 Wis.2d 225 (2003)

2003 WI App 30

659 N.W.2d 177

Raymond J. TOPPS and Deborah J. Topps, Plaintiffs-Appellants, v. COUNTY OF WALWORTH, Wisconsin, a municipal corporation, and Kathleen M. DuBois, Walworth County Treasurer, Defendants, Thomas G. MARTIN, W. Ryan Zenk and Fieldview, LLC, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided January 15, 2003.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of and oral argument by David C. Williams of Allen, Harrison, Williams, McDonell & Swatek, LLP, Lake Geneva.

On behalf of the defendants-respondents Thomas G. Martin and W. Ryan Zenk, the cause was submitted on the brief of Lisle W. Blackbourn and Michael J. Frazier of Godfrey, Leibsle, Blackbourn & Howarth, S.C., Elkhorn. There were oral arguments by Michael J. Frazier.

On behalf of the defendant-respondent Fieldview, LLC, the cause was submitted on the brief of Penny G. Gentges and Arthur M. Moglowsky of Bass & Moglowsky, S.C., Milwaukee. There were oral arguments by Penny G. Gentges.

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

¶ 1. SNYDER, J.

Raymond J. Topps and Deborah J. Topps (Toppses) appeal from a judgment and orders dismissing their action against Thomas G. Martin and W. Ryan Zenk (Martin/Zenk) and Fieldview, LLC. Walworth County purported to foreclose on the Toppses' property, pursuant to WIS. STAT. § 75.521 (1999-2000),1 after which the County sold the property to Martin/Zenk, who subsequently sold the property to Fieldview. The Toppses filed...

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