Ordinance Interpretation

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WI Court of Appeals – District III

Case Name: Vilas County v. Timothy Bowler, et al.

Case No.: 2018AP837

Officials: Stark, P.J., Hruz and Seidl, JJ.

Focus: Ordinance Interpretation

Timothy Bowler, Kim Bowler and Alpine Resort of Presque Isle, Inc. (collectively, the Bowlers) appeal a summary judgment granted in favor of Vilas County to enforce an ordinance establishing a uniform addressing system within the County. The structures on the Bowlers’ property consist of a residence from which the Bowlers operate their resort business and several cabins the Bowlers rent out on a short-term, seasonal basis.

The Bowlers assert the County lacked authority under the relevant ordinance to name the road serving their residence and rental structures. Their argument in this respect is twofold. First, they contend the road does not satisfy the ordinance’s definition of a “private road.” Second, they argue the road does not satisfy the ordinance’s requirement that the road serve three or more “residences or lots.” We conclude the road is a “private road” within the ordinance definition because it is a road located on private property that leads to the ten structures on the Bowlers’ property, each of which is a “primary” or “principal” structure under the ordinance because it is used for human habitation. We also conclude the buildings satisfy the ordinance’s requirement that the road serve three or more “residences,” which include all of the Bowlers’ cabins.

The Bowlers also challenge the County’s authority under the ordinance to assign addresses to their rental cabins. They argue these buildings are not “principal” or “primary” structures and, therefore, are not subject to the County’s addressing requirement. Consistent with our conclusion regarding the County’s authority to name the Bowlers’ private road, we reject this argument and hold that each of the ten structures at issue (the Bowlers’ residence and their nine rental cabins) is a “primary” or “principal” structure to which the County may assign an address.

Finally, the Bowlers argue the ordinance is invalid because the County is applying it beyond the scope of the Wisconsin statute authorizing the County to adopt a rural naming or numbering system. We disagree and conclude the ordinance may be properly applied to each home or business structure on the Bowlers’ property. Accordingly, we affirm.

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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.