00-2718 Jacobson v. The Town of Stone Lake

By: dmc-admin//December 10, 2001//

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James, Violet and Joseph Jacobson appeal a judgment declaring that a road on their property is a valid public highway. The trial court truncated evidence on whether the strip of land was properly made a town road, focusing on whether the town abandoned the road. Because the town failed to establish that it worked the road for 10 years as required by Wis. Stat. Sec. 80.01(2) (1999-2000), or that it acquired the road by prescriptive easement, we conclude that the road is not a public highway and that the town has no legal interest in the property.

Therefore, we reverse the judgment and remand the case with instructions to enter a judgment declaring that the town has no interest in the property.

This opinion will not be published.

Dist III, Washburn County, Harrington, J., Per Curiam

Attorneys:

For Appellant: Curtiss N. Lein, Hayward

For Respondent: Andrew S. Lawton, Spooner

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