Schaetz v. Town of Scott

Gerald and Marilyn Schaetz and Mary Jo Beauchamp appeal an order dismissing their petition to vacate a portion of a platted street adjacent to and abutting their real estate. The issue on appeal is whether the street vacating procedures of § 236.43(l)(a), Stats., are available to appellants notwithstanding the filing of an assessor's map. Appellants contend that ch. 236 allows them to vacate the street on the original subdivision plat pursuant to § 236.43(1), notwithstanding the existence of an assessor's map. Alternatively, they contend that there is a conflict between ch. 236 and § 70.27(1)…