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SMERZ v. DELAFIELD TOWN BD.

No. 2010AP1186.

796 N.W.2d 852 (2011)

2011 WI App 41

James SMERZ, Warren Hornik and Cheryl Hornik, Plaintiffs-Appellants, v. DELAFIELD TOWN BOARD, Defendant-Respondent.

Court of Appeals of Wisconsin.

Opinion Filed February 16, 2011.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of Robert A. Mich, Jr . of Law Offices of Kay & Andersen, LLC, Madison.

On behalf of the defendant-respondent, the cause was submitted on the brief of John M. Bruce of Schober, Schober & Mitchell, S.C., New Berlin.

Before BROWN, C.J., ANDERSON and REILLY, JJ.

BROWN, C.J.

¶ 1 James Smerz, Warren Hornik, and Cheryl Hornik appeal from the dismissal of their lawsuit challenging the Delafield Town Board's discontinuation of two alley segments near their properties pursuant to WIS. STAT. § 66.1003(3) (2007-08).1 The Town argues that Smerz2 has no standing to challenge its § 66.1003 order because his property does not "abut" the discontinued alley portions...

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