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TOWN OF SCHOEPKE v. RUSTICK

No. 2005AP3183.

723 N.W.2d 770 (2006)

2006 WI App 222

TOWN OF SCHOEPKE and Town of Enterprise, Plaintiffs-Respondents, v. Thomas RUSTICK and James Rustick, Defendants-Appellants.

Court of Appeals of Wisconsin.

Opinion Filed September 6, 2006.

Attorney(s) appearing for the Case

On behalf of the defendants-appellants, the cause was submitted on the briefs of Patrick H. Finlan of Finlan Law Firm, S.C. of Rhinelander.

On behalf of the plaintiffs-respondents, the cause was submitted on the brief of Andrew P. Smith of Mouw, Krueger & Smith, S.C. of Rhinelander.

Before CANE, C.J., and HOOVER, P.J., and PETERSON, J.

¶ 1 CANE, C.J.

Thomas and James Rustick appeal a judgment, after a nonjury trial, in favor of the Towns of Schoepke and Enterprise, concluding that Highway 26 is not entirely abandoned pursuant to WIS. STAT. § 82.19.1 The Rusticks argue the trial court applied an incorrect test of abandonment and placed an incorrect evidentiary burden on them. We disagree and affirm the judgment.<...

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