Carroll v. Town of Balsam Lake

The Town of Balsam Lake appeals a judgment ordering certain property in Polk County to be discontinued as a public highway, and granting the adjoining landowners quiet title. The Town argues that the trial court misapplied § 80.32, Stats. We agree and therefore reverse.

The relevant facts are not in dispute. The landowners commenced an action seeking title to certain property through operation of § 80.32, Stats. The property in question consists of a portion of a platted road laid out in 1949 that runs from the end of a traveled section of the road to Deer Lake. The landowners are the…