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TOWN OF VERNON v. WAUKESHA COUNTY

No. 79-1912.

99 Wis.2d 472 (1980)

299 N.W.2d 593

TOWN OF VERNON, a quasi-municipal corporation, Plaintiff-Respondent and Cross-Appellant, v. WAUKESHA COUNTY, a quasi-municipal corporation; Waukesha County Highway Committee — Highway and Transportation Commission; and Waukesha County Highway Commissioner, Defendants and Co-Appellants and Cross-Respondents, VILLAGE OF EAGLE and Town of Eagle, Intervening Plaintiffs-Respondents and Cross-Appellants, TOWN OF GENESEE, Town of Mukwonago and Town of Pewaukee, Intervening Plaintiffs-Respondents, STATE of Wisconsin, State of Wisconsin Department of Transportation, Intervening Defendant-Appellant and Cross-Respondent.

Court of Appeals of Wisconsin.

Decided October 27, 1980.

Attorney(s) appearing for the Case

For the co-appellants there was a brief by Mark S. Gempeler, corporation counsel, of Waukesha. For the intervening defendant-appellant and cross-respondent there was a brief by Bronson C. La Follette, attorney general, and Steven C. Underwood, assistant attorney general. Oral argument by Mr. Gempeler and Mr. Underwood.

For the plaintiff-respondent and cross-appellant there was a brief by Patrick F. Brown of Love, Brown, Love, Phillips & Davis of Waukesha. For the intervening plaintiffs-respondents and cross-appellants there was a brief by David C. Williams of Allen, Harrison & Williams of Lake Geneva. Oral argument by Mr. Brown and Mr. Williams.

Before Voss, P.J., Brown and Scott, J.J.

SCOTT, J.

The principal issue in this case is whether sec. 83.025(1), Stats., grants county boards the authority to remove highways from a county trunk highway system without obtaining the approval of the municipalities upon which control of the removed highways would devolve. We conclude that sec. 83.025(1) grants county boards such unilateral authority.

The facts are undisputed and are briefly as follows. The County Board of Waukesha County, acting pursuant...

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