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CITY OF PRESCOTT v. HOLMGREN

No. 2005AP2673.

721 N.W.2d 153 (2006)

2006 WI App 172

CITY OF PRESCOTT, Plaintiff-Appellant, v. Gary HOLMGREN and Kim D. Holmgren, Defendants-Respondents.

Court of Appeals of Wisconsin.

Opinion Filed July 18, 2006.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of R. Michael Waterman of Mudge Porter Lundeen & Seguin, S.C., Hudson.

On behalf of the defendants-respondents, the cause was submitted on the brief of Warren Lee Brandt, Prescott.

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

¶ 1 PETERSON, J.

The City of Prescott appeals a summary judgment dismissing its claims against Gary and Kim Holmgren. The City argues the circuit court erred by concluding the City's claims were barred by WIS. STAT. § 893.331 because the statute does not apply to a municipality's interest in an unrecorded highway. We agree, reverse the judgment and remand for further proceedings.2

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