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SCHILLING v. WISCONSIN DEPT. OF NATURAL RESOURCES

No. 02-C-0573-C.

298 F.Supp.2d 800 (2003)

James R. SCHILLING, Diane T. Schilling, Dr. S.H. Van Gorden and Walter Tibbitts, Plaintiffs, v. State of WISCONSIN DEPARTMENT OF NATURAL RESOURCES, the United States of America, acting through the Department of Interior, Bureau of Indian Affairs, and Lac Courte Oreilles Band of Lake Superior Chippewa Indians, Defendants.

United States District Court, W.D. Wisconsin.

January 9, 2003.

Attorney(s) appearing for the Case

Gordon K. Morris, for Plaintiffs.

Robert A. Selk, Assistant Attorney General, Leslie K. Herje, Assistant U.S. Attorney, Madison, WI, Kris Goodwill, Lac Courte Oreilles Band of Lake Superior Chippewa Indians, Hayward, WI, for Defendants.

OPINION AND ORDER

CRABB, District Judge.

This is a civil action for declaratory relief in which plaintiffs seek judicial acknowledgment that they have a prescriptive easement (a 33-foot wide gravel road) that would allow plaintiffs Schilling and Van Gorden as well as their heirs and assigns to continue to gain access to their parcel of land from a nearby county highway. The gravel road at issue traverses land owned by defendant Wisconsin Department of Natural...

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