Lange v. Tumm

¶ 1. Archie Lange 1 appeals a summary judgment declaring an old town highway discontinued. We reverse the judgment because there is a genuine issue of material fact as to whether the highway was entirely abandoned.

Background

¶ 2. Lange brought a declaratory judgment action against Ronald Tumm and the Town of Lud-ington seeking declaration that an old town highway leading to his property remains open as a public highway. Lange owns property adjacent to property owned by Tumm. The highway crosses Tumm's land into Lange's land, where it ends.

¶ 3. No public funds have been used to maintain the…