By: Derek Hawkins//December 28, 2017//
WI Court of Appeals – District IV
Case Name: Nathan Pollnow, et al. v. Town of Elba
Case No.: 2016AP1535
Officials: Lundsten, P.J., Sherman and Kloppenburg, JJ.
Focus: Jury Instructions and Sufficiency of Evidence
The Town of Elba appeals a judgment of the circuit court declaring a portion of Frank Road discontinued under WIS. STAT. § 82.19(2)(b)2. (2015-16). The Town argues that the circuit court erred by: (1) failing to grant the Town’s motion for judgment notwithstanding the verdict; (2) failing to properly instruct the jury; and (3) failing to properly answer a question from the jury during deliberation. The Town also contends that Frank Road cannot be determined to have been discontinued because there was evidence at trial that a portion of Frank Road that is adjacent to the disputed portion but ultimately dead ends was regularly used. For the reasons discussed below, we affirm.