By: Derek Hawkins//March 25, 2020//
WI Court of Appeals – District IV
Case Name: Christopher Elandt v. Waupaca County, et al.
Case No.: 2019AP217
Officials: Blanchard, Graham and Nashold, JJ.
Focus: Property – Encroachment
This case arises out of the Town of Dupont and Waupaca County reconstructing and widening a Town road that Christopher Elandt alleges encroaches on his property. Elandt sued the Town, claiming that the newly widened road interferes with his property rights in a number of respects.
The Town moved to dismiss Elandt’s action on the ground that Elandt failed to comply with the notice of claim statute, WIS. STAT. § 893.80(1d). The circuit court agreed with the Town and dismissed all of Elandt’s claims, entering judgment in favor of the Town. Elandt appeals. We affirm.