Property Encroachment.

Byline: Derek Hawkins

WI Court of Appeals District IV

Case Name: Christopher Elandt v. Waupaca County, et al.

Case No.: 2019AP217

Officials: Blanchard, Graham and Nashold, JJ.

Focus: Property Encroachment

This case arises out of the Town of Dupont and Waupaca County reconstructing and widening a Town road that Christopher Elandt alleges encroaches on his property. Elandt sued the Town, claiming that the newly widened road interferes with his property rights in a number of respects.

The Town moved to dismiss Elandt's action on the ground that Elandt failed to comply with the notice of claim statute, WIS. STAT. 893.80(1d). The circuit court agreed with the Town and dismissed all of Elandt's claims, entering judgment in...

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