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2010AP973 Cooper, et al. v. Village of Egg Harbor, et al.

By: WISCONSIN LAW JOURNAL STAFF//November 24, 2010//

2010AP973 Cooper, et al. v. Village of Egg Harbor, et al.

By: WISCONSIN LAW JOURNAL STAFF//November 24, 2010//

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Property
Prescriptive easements; public roads

Landowners with property abutting a short stretch of road in the Village of Egg Harbor sought a declaration that the road is not public. The circuit court found in favor of the landowners, and the Village appeals. The Village argues that the circuit court incorrectly determined that neither a prescriptive easement nor public maintenance made the road public. The Village also contends that equitable estoppel applies and should prevent the abutting landowners from denying that the road is public. We disagree and affirm. Not recommended for publication in the official reports.

2010AP973 Cooper, et al. v. Village of Egg Harbor, et al.

Dist III, Door County, Diltz, J., Lundsten, J.

Attorneys: For Appellant: Carlson, Richard J., Appleton; For Respondent: Blaney, Patrick M., Green Bay

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