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TOWN OF VERNON v. WAUKESHA COUNTY

No. 79-1912.

102 Wis.2d 686 (1981)

TOWN OF VERNON, a quasi-municipal corporation, Plaintiff-Respondent and Cross-Appellant-Petitioner, 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-Petitioners, TOWN OF GENESSEE, 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.

Supreme Court of Wisconsin.

Decided June 30, 1981.

Attorney(s) appearing for the Case

For Town of Vernon there were briefs by Patrick F. Brown, Steven J. Steinhoff and Love, Brown, Love, Phillips & Davis of Waukesha, and oral argument by Patrick F. Brown.

For Waukesha County, et al., there was a brief and oral argument by Mark S. Gempeler, corporation counsel.

For Village of Eagle and Town of Eagle there was oral argument by David C. Williams of Lake Geneva.

For State of Wisconsin the cause was argued by Steven C. Underwood, assistant attorney general, with whom on the brief was Bronson C. La Follette, attorney general.

Amicus curiae brief was filed by Thomas A. Schroeder of Madison, for Wisconsin County Boards Association.

HEFFERNAN, J.

The only issue presented by this case is whether, under the provisions of sec. 83.025(1), Stats., a county can, without the consent of a town, remove a highway located therein from its county trunk highway system. We conclude that a county may do so without the consent of the town; and, accordingly, we affirm the decision of the court of appeals, which reversed the judgment of the circuit court.

The record shows that, in October of 1978, the...

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