NEENAH, WI (WTAQ-WLUK) — Residents battling the Lakeshore Trail in Neenah lost another court battle Wednesday.
The city installed the trail, which opened last June, despite the objections of some residents in the neighborhood.
After losing in circuit court, the residents filed an appeal. In a six-page ruling issued Wednesday, the appeals court upheld the city’s actions and the lower court ruling.
“While there are different nuances to this case, the determinative issue on appeal is whether the trail constitutes a “sidewalk The (circuit) court concluded that the City could construct a multimodal trail adjacent to Lakeshore Avenue because it constitutes a sidewalk authorized by WIS. STAT. 66.0907. Because we agree, we affirm,” the ruling states.
The residents claimed it is not a sidewalk because it is independent of any roadway and is “unrelated” to the street, but the appeals court said the “briefing and record belie this representation.”
“The trail provides a safer means — safer than using the road itself — for pedestrians, bicyclists, and others to get to Kimberly Point Park. No doubt the trail also improves safety for motorists as well as they no longer need to share Lakeshore Avenue with nonmotorists,” the court said.
The residents who sued the city were Cari Ullrich, Bette McIntosh, Daniel Mcintosh, Rich Mosbacher, Amy Reilly, Steven Reilly, Sheena Conners, Doug Conners, Kathy Springmeier, Scott Springmeier, Liza Dewitt, David Dewitt, Alexandrea Vysotski, Siarhei Vysotki, Susan Derhaag, Greg Derhaag, Joseph Bachman, Peter Ullrich, Jr., Jennifer Dubruin, John Debruin, and Claire Geall Sutton.
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