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FOND DU LAC COUNTY v. ROSENDALE TOWN

No. 88-1032.

149 Wis.2d 326 (1989)

440 N.W.2d 818

FOND DU LAC COUNTY, Plaintiff-Appellant, v. TOWN OF ROSENDALE, Arlon Stollfus, William Bartz, and Floyd Baird, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided February 22, 1989.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Dennis E. Kenealy, corporation counsel for Fond du Lac county. There was oral argument by Thomas L. Storm, successor corporation counsel.

On behalf of the defendants-respondents, Town of Rosendale, there was a brief and oral argument by Wayne M. Yankala of Simarski & Stack, Ltd., of Milwaukee.

On behalf of the defendants-appellants, Stollfus, Bartz & Baird, there was a brief and oral argument by Michael J. Cieslewicz of Kasdorf, Lewis & Swietlik, S.C. of Milwaukee.

Before Scott, C.J., Brown, P.J., and Nettesheim, J.

BROWN, P.J.

This case requires construction of statutes relating to the right of a county and a town to contract for road repairs. Although the county and the town in this case agreed to share the cost of road repaving equally, the town later relied upon sec. 83.03(2), Stats., in claiming that, contract or no, its liability was limited to $1000. The circuit court agreed. We hold that sec. 83.03(2) does not apply here to relieve the town of responsibility; we reverse...

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