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Jury Instructions and Sufficiency of Evidence

By: Derek Hawkins//December 28, 2017//

Jury Instructions and Sufficiency of Evidence

By: Derek Hawkins//December 28, 2017//

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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.

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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