By: Derek Hawkins//October 18, 2017//
WI Court of Appeals – District IV
Case Name: Dr. Stuart White, et al. v. City of Watertown
Case No.: 2016AP2259
Officials: Lundsten, P.J., Blanchard and Kloppenburg, JJ.
Focus: Statutory Interpretation
Chapter 90 of the Wisconsin Statutes regulates partition fences on farming and grazing land as defined in the chapter. For ease of reading, we will frequently refer to farming and grazing land that is covered by Chapter 90 as “qualifying land.”
For the reasons explained below, we agree with the circuit court that Chapter 90 is ambiguous. We thus turn to the legislative history and, based on that history, agree with the circuit court and the Whites that, when qualifying land is in a city or village, that city or village must administer and enforce Chapter 90 the same as a town would if the land were in that town. Accordingly, we affirm the circuit court’s order declaring that the City must assume Chapter 90 duties with respect to the Whites’ land.
Recommended for Publication