2009AP2315 Affeldt v. Green Lake County

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Property
Right of way; highways

Where there is a genuine dispute regarding the width of a highway, summary judgment in favor of the county is improper on a property owner’s challenge to removal of trees on their property.

“We conclude that the circuit court improperly granted summary judgment to the County. The Affeldts have set forth sufficient evidence to raise a genuine issue of material fact concerning the width of Highway B. Specifically, the Affeldts have set forth specific facts showing that there is a genuine issue as to whether Highway B is a recorded highway that has been laid out. Moreover, assuming Highway B has been laid out but not recorded, the Affeldts have set forth specific facts that, if proven, are sufficient to rebut the presumption that Highway B was laid out four rods wide. Finally, assuming Highway B has not been laid out and instead was created by user, the Affeldts have set forth specific facts that, if proven, are sufficient to rebut the presumption that Highway B is four rods wide.”
Reversed and Remanded.

2009AP2315 Affeldt v. Green Lake County

Ziegler, J.

Attorneys: For Appellant: Snow, Kristine Anne, Waupun; For Respondent: Selsing, John B., Berlin

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