Ruchti v. Monroe

The sole issue presented on this appeal is whether the trial court erred in granting the defendants’ motion for summary judgment.

The plaintiff contends that the respondents failed to make a prima facie showing of entitlement to summary judgment. The plaintiff first argues that under the holding of Bino v. Hurley, 14 Wis.2d 101, 109 N.W.2d 544 (1961), if the maintenance of the road can be explained in a way which is not adverse to the interests of the landowner, sec. 80.01(2), Stats., does not operate to convert the road to a public highway.

In Bino, the City of Hurley owned a landlocked parcel…