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MARKOS v. SCHALLER

No. 02-1824.

266 Wis.2d 470 (2003)

2003 WI App 174

668 N.W.2d 755

George T. MARKOS, Jr. and Catherine T. Hubert-Markos, Plaintiffs-Appellants, v. William R. SCHALLER, Karen L. Schaller and Town of Hamilton, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided July 3, 2003.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of Bryant Klos of Klos, Flynn & Papenfuss — Chartered, La Crosse.

On behalf of the defendants-respondents William R. Schaller and Karen L. Schaller, the cause was submitted on the brief of James W. McNeilly, Jr., La Crosse.

Before Dykman, Roggensack and Lundsten, JJ.

¶ 1. LUNDSTEN, J.

George T. Markos Jr. and Catherine T. Hubert-Markos appeal a judgment of the circuit court declaring a portion of McClintock Road discontinued under WIS. STAT. § 80.32(2) (1997-98)1 and, therefore, private property belonging to William and Karen Schaller. The Markoses argue that the disputed portion of McClintock Road, providing access to property owned by the Markoses, remains a public highway because it has...

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