By: WISCONSIN LAW JOURNAL STAFF//June 19, 2014//
Wisconsin Court of Appeals
Civil
Property — plat approval
The issue presented on appeal by Matthew and Jenny Runkle and others who own homes located on Proverbs Pass (the Owners) is whether the Town of Albany (the Town) accepted Proverbs Pass as a town road by approving and recording a plat that included Proverbs Pass, pursuant to Wis. Stat. § 236.29(2) (2011-12). The circuit court granted summary judgment in favor of the Town, concluding that the Town did not accept the plat and the dedication of Proverbs Pass, and dismissed the action. We conclude that the Town accepted the plat and the dedication of Proverbs Pass. We therefore reverse and remand for further proceedings consistent with this opinion. Not recommended for publication in the official reports.
2012AP2183 Runkle et al. v. Town of Albany
Dist IV, Green County, Beer, J., Higginbotham, J.
Attorneys: For Appellant: Yde, Richard C., Madison; Cochrane, Drew J., Madison; For Respondent: Yanacheck, Timothy J., Madison