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715 F.2d 1248
20 ERC 2132, 13 Envtl. L. Rep. 20,998
Edward E. SIMONS, et al., Plaintiffs-Appellants,
v.
Anne M. GORSUCH, Administrator of Environmental Protection
Agency of the U.S.A., et al., Defendants-Appellees.
Nos. 82-2634, 83-1072.
United States Court of Appeals,
Seventh Circuit.
Argued May 11, 1983.
Decided Aug. 30, 1983.
Daniel F. Snyder, Debardeleben & Snyder, Park Falls, Wis., for plaintiffs-appellants.
Michael E. Perino, Mulcahy & Wherry, S.C., Madison, Wis., Robert L. Klarquist, Dept. of Justice, Washington, D.C., Walter Kuhlmann, Boardman Suhr, Curry & Field, Madison, Wis., for defendants-appellees.
Before CUDAHY and POSNER, Circuit Judges, and ROSENN, Senior Circuit Judge.
*
CUDAHY, Circuit Judge.
Excerpt:
The appellants argue next that, under Wisconsin law, they own the land up to the center of the town road adjacent to their property, thereby bringing their property within the 300 feet perimeter and entitling them to a mailed notification of the hearing. The Wisconsin rule is that the owner of adjacent land "holds legal title to the land to the center of the adjacent street or highway, in the absence of a clear intent to the contrary." Rikkers v. Ryan, 76 Wis.2d 185, 251 N.W.2d 25, 27 (1977) ( citing Grunwaldt v. Milwaukee, 35 Wis.2d 530, 151 N.W.2d 24 (1967)). But in this case, the final phase of the Simonses' legal descriptions destroys their claim. That phrase, in the case of both parcels, reads: "excepting therefrom the existing highway and railroad right-of-ways." This phrase excludes the highway and railroad rights of way from the property owned by the appellants. Therefore, we approve the district court's determination that appellants were not improperly denied notice of the public hearings.
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