By: Derek Hawkins//November 3, 2020//
WI Court of Appeals – District III
Case Name: Timothy M. Casa De Calvo, Jr., v. Town of Hudson, et al.,
Case No.: 2019AP1851
Officials: Stark, P.J., Hruz and Seidl, JJ.
Focus: Summary Judgment – Adverse Possession
Timothy Casa De Calvo, Jr., appeals a summary judgment dismissing his adverse possession claim against the Town of Hudson. The circuit court concluded Casa De Calvo’s adverse possession claim failed, as a matter of law, because the parcel in question is held by the Town “for highway purposes” and therefore is not subject to adverse possession, pursuant to WIS. STAT. § 893.29(2)(c) (1987-88). Casa De Calvo argues the court erred because the Town has never used the disputed parcel as a highway and has no intent to do so in the future.
We conclude the circuit court properly granted the Town summary judgment. It is undisputed that the parcel in question, although not currently used as a highway, was dedicated as a street on a subdivision plat that was recorded in 1986. As such, under WIS. STAT. § 236.29(1), the recorded subdivision plat vested fee simple ownership of the disputed parcel in the Town, which holds that parcel “in trust” for use as a street. We agree with the circuit court that, under these circumstances, the disputed parcel is held by the Town for highway purposes. Consequently, WIS. STAT. § 893.29(2)(c) provides that the parcel is not subject to adverse possession. We therefore affirm the circuit court’s decision granting the Town summary judgment.
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