Koontz v. Town of Superior

I concur with the well-substantiated principle enunciated by the court that a governmental unit, as well as a private entity, can acquire interest in real estate by adverse possession, including prescriptive use for roadways. However, I differ in dissent as to whether the record in this case justifies the summary-judgment relief granted to the municipality as claimant.

It is recognized that with this second appeal, economics involving roadway rights have long since been exhausted in this litigation, and some end is of considerable interest to both the litigants and the judicial system.…