Smerz v. Delafield Town Board

¶ 1. James Smerz, Warren Hornik, and Cheryl Hornik appeal from the dismissal of their lawsuit challenging the Delafield Town Board's discontinuation of two alley segments near their properties pursuant to Wis. Stat. § 66.1003(3) (2007-08).1 The Town argues that Smerz2 has no standing to challenge its § 66.1003 order because his property does not "abut" the discontinued alley portions, as required by § 66.1003(4)(d). Smerz contends that he does have standing under § 66.1003 and argues that the real issue is that the Town was required to proceed under Wis. Stat. ch. 236, which grants counties…