2009AP120 Dawson v. Town of Jackson

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Municipalities
Public highways; acting together

Section 82.21(2) expects governing bodies such as town boards to come together and cooperate to resolve a joint application, but it does not mandate the creation of a combined board; the approval of both governing bodies  is necessary to approve an application to lay out, alter, or discontinue a public highway across municipal lines.

“[T]he phrase ‘acting together’ in Wis. Stat. § 82.21(2) does not require that separate votes taken by two governing bodies in deciding an application to lay out, alter, or discontinue a public highway on or across municipal lines, be counted in the aggregate as if the two boards voted as one.  Approval of both boards is necessary to approve a joint application like the one from the Dawsons.  If we have failed to assess accurately the intent of the legislature, the legislature is fully empowered to correct our understanding by amending ch. 82.”

Reversed.

2009AP120 Dawson v. Town of Jackson

Prosser, J.

Attorneys: For Plaintiffs: John M. Bruce, New Berlin; for Defendants: Brad M. Hoeft, Port Washington, Daniel L. Sargeant, West Bend.

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