Town of Schoepke v. Rustick

¶ 1. Thomas and James Rustick appeal a judgment, after a nonjury trial, in favor of the Towns of Schoepke and Enterprise, concluding that Highway 26 is not entirely abandoned pursuant to Wis. Stat. § 82.19. The Rusticks argue the trial court applied an incorrect test of abandonment and placed an incorrect evidentiary burden on them. We disagree and affirm the judgment.

Background

¶ 2. The Rusticks own property along Highway 26, which is also known as Rustick Road. Highway 26 is a 1.75 mile low maintenance dirt road connecting State Highway 45 and Pratt Junction Road in Oneida County. Highway 26…