[DOWNLOAD] "Iron County v. Borys" by Supreme Court of Wyoming # eBook PDF Kindle ePub Free
eBook details
- Title: Iron County v. Borys
- Author : Supreme Court of Wyoming
- Release Date : January 31, 2000
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
1. Ryszard Borys and Zbigniew Supinski appeal a judgment concluding that a strip of land they claim to own is a public road and enjoining them from blocking access to the road and boat landing. The trial court also dismissed their slander of title counterclaim and found it frivolous. They argue that (1) Iron County is not the real party in interest and attempted to gain standing by entering into a statutorily-deficient intergovernmental agreement; (2) Iron County and the Town of Mercer failed to make the required proofs necessary to establish a public highway under Wis. Stat. ร§ 80.01(2); (3) the trial court erroneously placed the burden of proof on Borys and Supinski to establish that public use of the road was permissive; and (4) the trial court erred when it dismissed the counterclaim on the basis of immunity. We reject these arguments and affirm the judgment. We also conclude that the appeal is frivolous and remand the cause to the trial court to award the respondents the reasonable attorney fees incurred in this appeal.