The parties agreed that Wis. In support of their competing positions, the parties submitted affidavits describing the recollections of various persons regarding the use of the highway. The circuit court decided that, based on those affidavits, no genuine issue of material fact existed and that the highway had been entirely abandoned. When reviewing a grant of summary judgment, we apply the same standards as the circuit court under Wis. See Amcast Indus.
Summary judgment is appropriate when there is no genuine issue of material fact.
For us to decide whether summary judgment was appropriate, we must interpret Wis. The interpretation of a statute presents a question of law that we review without deference to the circuit court. See Smith v. Dodgeville Mut. Both conditions must be met before a public highway is discontinued. State ex rel.