02-0017 Rogers Development, Inc. v. Rock County Planning & Development Committee (59027)

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“The County instead focuses on its requirements regarding the length of street blocks and location of town roads and recasts them as ‘design or layout’ requirements. In essence, the County parses the authority to designate a public improvement, in this case a road, from the authority to determine the ‘size, shape and location’ of the improvement. We are not persuaded by this argument. The making and installation of subdivision roads, including cul-de-sacs, are the type of public improvements contemplated by Wis. Stat. sec. 236.13(2)(a).

“Otherwise, the County could circumvent sec. 236.13(2)(a) by conditioning plat approval on “design and layout” requirements that, in effect, require the installation of additional improvements that the Town will then be required to maintain. For example, by restricting block length to 1,500 feet, the County effectively requires the installation of an intervening road, an improvement that the Town does not want but would have to maintain. Because the language in sec. 236.13(2)(a) grants only the town or municipality in which the plat lies the authority to require public improvements, the County may not regulate the size of cul-de-sacs, the length of street blocks and the location of town roads within the boundaries of a town or municipality.”

Judgment affirmed.

Recommended for publication in the official reports.

District IV; Rock Cty. Cir. Ct., Welker, J.; Roggensack, J.

Attorneys:

For Appellant: Eugene R. Dumas, Janesville

For Respondent: David C. Moore, Janesville; Kenneth W. Forbeck, Beloit