Sometimes You Can Fight City Hall!

In Cooper v Village of Egg Harbor , a dispute arose over whether a short road leading to the shore of Green Bay was public or private.  The Village had paved the road at some point in the past, and it had been used, rather sporadically according to the facts given in the case, by members of the public.  However the road had never been dedicated to the public, and there was no record to show ownership by the Village.  One of the curious facts of the case was that apparently noone claimed ownership – not the Village, and not the landowners on either side.  There were several legal theories argued in the case, but in the end the Door County Circuit Court had held that theVillage had not presented enough evidence that this was a public road to back up any of its legal theories.   The appeals court upheld the Circuit Court ruling.  Although a decision has been handed down in the case, from my reading, it appears that the issue of ownership will have to be worked out (you’d have thought someone would have brought that up before this got to the appeals court).

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