Schunk v. Brown

John and Susan Schunk appeal from a circuit court summary judgment declaring that Joan Brown and Adam Wierzbicki (Brown/ Wierzbicki) own a portion of a vacated parkway lying between the parties' properties.

The facts are not in dispute. At one time, Jane Auer owned a tract of land which included the Schunk lot, the Brown/Wierzbicki lot, and the disputed parcel, all located in the town of Delafield in Waukesha county. In May 1902, Auer Park on Pewaukee Lake (Auer Park) was platted as a subdivision. The platting documents designated Louie Auer as the owner of the land comprising Auer Park. This…