Berger v. Town of New Denmark

¶ 1. Wade and Ilona Berger appeal an order dismissing their action challenging the Town of New Denmark's determination that their two parcels are of insufficient acreage for development. They assert that the parcels are of sufficient size when property underlying a county highway abutting their land is included in the acreage calculation. Further, they argue that the circuit court erroneously determined that fee title to the underlying highway property had been conveyed to Brown County by the Bergers' predecessors-in-interest.

¶ 2. We conclude that the Bergers' predecessors-in-interest…