Gogolewski v. Gust

The issue on this appeal is whether the platted 50-foot strip is a private roadway or public highway. The case is unique in that neither the town board nor any owners of land within the plat are asserting that the roadway is a public highway, but this contention is being advanced by owners of land without the boundaries of the plat.

In order for defendants to prevail in this lawsuit the evidence must show that a public highway was established by common-law dedication. This is because the town board never took any official action pursuant to ch. 80, Stats., to establish a town highway over the…