DeWitt v. Ferries

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The Supreme Court affirmed the decision of the court of appeals reversing the conclusion of the circuit court that Appellants’ one-acre parcel of property met the statutory requirements for the transfer of a cemetery to the Town of Forest, holding that Appellants failed to prove that the parcel was a cemetery, and therefore, the parcel was not subject to the transfer mechanism set forth in Wis. Stat. 157.115(1)(c). Appellants filed a petition asserting that their one-acre parcel was a cemetery where they believed their relatives were buried, that the parcel was neglected or abandoned, and that the Town should manage the parcel as a town cemetery pursuant to section 157.115(1)(c). The circuit court agreed and granted the petition. The court of appeals reversed. The Supreme Court affirmed, holding that the parcel was not a cemetery, and therefore, the section 157.115(1)(c) cemetery transfer mechanism was not applicable. View "DeWitt v. Ferries" on Justia Law