Statutory Authority – Naming & Numbering System

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WI Supreme Court

Case Name: Town of Rib Mountain v. Marathon County

Case No.: 2019 WI 50

Focus: Statutory Authority – Naming & Numbering System

In 1957, the Wisconsin legislature conferred authority on counties to “establish a rural naming or numbering system in towns for the purpose of aiding in fire protection, emergency services, and civil defense.” Wis. Stat. § 59.54(4) (2017-18). Marathon County decided to establish such a system in 2016 but the Town of Rib Mountain challenged its authority to do so, contending the statute confines counties to implementing naming and numbering systems only within “rural” areas of towns. Marathon County maintains that the only territorial restriction on its authority to establish a “rural naming or numbering system” is “in towns.” The circuit court denied the Town declaratory relief, the Town appealed its decision, and the court of appeals reversed. We agree with Marathon County and hold, consistent with the text of the statute, that Marathon County may establish a rural naming or numbering system in towns, and the statute does not restrict this exercise of authority to only rural areas within them. “Rural” merely describes the naming or numbering system and the roads to which the system applies; it has no independent operative effect. We reverse the decision of the court of appeals.

Reversed

Concur:

Dissent:

Full Text

Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.