Review granted in 'Town of Madison v. County of Dane'

(2006AP2554)

In this case, Dane County is asking the Supreme Court to review if it is required to pay the Town of Madison half the town's cost in constructing a bridge under Wis. Stat. § 81.38 [(2001-02), succeeded by § 82.08].

On June 10, 2004, the town petitioned the county for aid in constructing a bridge that would cross over a railway corridor and connect two previously unconnected portions of a frontage road. The county denied the town's petition on Sept. 9, 2004, concluding the town's petition did not qualify for aid. The town filed a notice of claim with the county and began construction on the bridge in January 2005. The town filed suit, challenging the county's denial of its petition. The town argued in a motion for summary judgment that it was entitled to aid because the bridge was constructed "on a highway maintainable by the town," as required by Wis. Stat. § 81.38 (1). The circuit court agreed with the town and granted summary judgment. The Court of Appeals affirmed. [2007 WI APP 177]

The County argued the bridge was not constructed "on a highway maintainable by the town," and "because the bridge was not on a section of pre-existing highway."