Affeldt v. Green Lake County

Appellants David, Joyce, and Alan Affeldt objected to the county's removal of trees and fences along their farm property on a county highway. Appellants sought a judgment declaring that the trees and fences were not within the county's four rod right-of-way and enjoining their removal. The circuit court granted the county's motion for summary judgment, finding that appellants failed to set forth sufficient evidence to rebut the presumption under Wis. Stat. 82.31(1) that the county highway was laid out four rods wide. On appeal, the court of appeals affirmed, but on the grounds that it was an undisputed fact that the highway was a recorded, laid out highway and hence had a four rod right-of-way as a matter of law. On review, the Supreme Court reversed the decision of the court of appeals, holding that appellants set forth sufficient evidence to raise a genuine issue of material fact concerning the width of the county highway and whether the highway was laid out or instead was created by user. View "Affeldt v. Green Lake County" on Justia Law