Summary Judgment – Issue of Material Fact

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WI Court of Appeals – District IV

Case Name: Joseph Taggart, et al. v. Town of Little Wolf, et al.

Case No.: 2018AP1931

Officials: Blanchard, Kloppenburg, and Nashold, JJ.

Focus: Summary Judgment – Issue of Material Fact 

The Town of Little Wolf appeals the judgment of the circuit court declaring that a 1/4-mile segment of a road near property owned by Joseph and Karla Taggart became a town highway after it was laid out by order of the Town in 1898 as part of a 1½-mile town highway, and that the 1/4-mile segment remains part of a town highway. The circuit court determined on summary judgment that there is no genuine issue of material fact that the disputed 1/4-mile segment now qualifies as being part of a town highway, as opposed to either always having been a private road or to having reverted to the status of a private road. Stated in statutory terms, the court determined that there are no genuine issues of material fact about whether the disputed segment became a “legal highway” pursuant to WIS. STAT. § 82.31(1) (2017-18), and also no genuine issues of material fact about whether the disputed portion was “discontinued” as a “public highway” pursuant to WIS. STAT. § 82.19(2). We agree with the Taggarts that the circuit court’s declaration regarding the disputed segment is proper based on the evidence submitted by the parties, applying interpretations of the applicable statutes that the Town either advances or does not dispute.

In what amounts to a sub-issue, the Town contends that the circuit court erroneously designated as part of the town highway a 332-foot portion that extends beyond the disputed 1/4-mile segment, because there is no evidence to support declaring the 332-foot portion part of the town highway. As the Taggarts acknowledge on appeal, they conceded the point in the circuit court, forfeiting the issue for purposes of this litigation.

Accordingly, we direct that the judgment be modified to account for the 332-foot portion, but affirm the judgment as modified.

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.