Please ensure Javascript is enabled for purposes of website accessibility

Summary Judgment – Adverse Possession

By: Derek Hawkins//November 3, 2020//

Summary Judgment – Adverse Possession

By: Derek Hawkins//November 3, 2020//

Listen to this article

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.

Recommended for Publication

Full Text


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.

Polls

Should Steven Avery be granted a new evidentiary hearing?

View Results

Loading ... Loading ...

Legal News

See All Legal News

WLJ People

Sea all WLJ People

Opinion Digests