Voss v. City of Middleton

Robert Voss and the City of Madison appeal from a summary judgment dismissing their complaint against the City of Middleton. They had sought a declaratory judgment voiding Middleton's vacation of a ten-foot portion of a street dead-ending at the Middleton-Madison line. The dispositive issue is whether Madison and Voss are the owners of property "abutting" the portion of the street proposed to be vacated within the meaning of sec. 66.296(2)(c), Stats.1 If they are, the statute gives them the power to "veto" the vacation. We *267conclude that the statute is plain and unambiguous, and that Voss and…