Markos v. Schaller

¶ 1. George T. Markos Jr. and Catherine T. Hubert-Markos appeal a judgment of the circuit court declaring a portion of McClintock Road discontinued under Wis. Stat. § 80.32(2) (1997-98) 1 and, therefore, private property belonging to William and Karen Schaller. The Markoses argue that the disputed portion of McClintock Road, providing access to property owned by the Markoses, remains a public highway because it has not been "entirely abandoned" within the meaning of § 80.32(2). We agree with the Markoses and, therefore, we reverse.

Background

¶ 2. The following facts are undisputed. 2 The…