Legal Opinion · Dissent

Affeldt v. Green Lake County

Wisconsin Supreme Court

Decided July 6, 2011No. 2009AP2315Published

1DissentShirley S. Abrahamson, C.J.

¶ 71. {dissenting). Using a confusing step-by-step analysis, the majority opinion concludes that a genuine issue of material fact exists about whether County Highway B (CTH B) is a recorded and laid out highway with a width of four rods. I conclude, as did the court of appeals, that CTH B in Green Lake County is a recorded, laid out highway and as a matter of law "shall" be four rods wide.1 Accordingly, I would affirm the decision of the court of appeals and hold that Green Lake County is entitled to summary judgment. For the reasons set forth, I dissent.

¶ 72. Whether CTH B is a recorded,…

2Cases cited4 opinions

  1. Jacobosky v. Town of AhnapeeWisconsin Supreme Court · 1944
  2. Town of Buchanan v. WolfingerWisconsin Supreme Court · 1941
  3. Zblewski v. Town of New HopeWisconsin Supreme Court · 1943
  4. Muehrcke v. BehrensWisconsin Supreme Court · 1969

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