TOWN OF JANESVILLE v. ROCK COUNTY

No. 89-0844.

153 Wis.2d 538 (1989)

451 N.W.2d 436

TOWN OF JANESVILLE, Plaintiff-Appellant, v. ROCK COUNTY, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided December 5, 1989.


Attorney(s) appearing for the Case

For plaintiff-appellant, there were briefs submitted by John H. Andrews and Mark D. Kopp of Consigny, Andrews, Hemming & Grant, S.C. of Janesville.

For defendant-respondent there was a brief by Thomas A. Schroeder, Rock County Corporation Counsel of Janesville.

Before Cane, P.J., LaRocque and Myse, JJ.


CANE, P.J.

The town of Janesville appeals a summary judgment in favor of Rock County dismissing the town's claim to collect fees from the county for fire protection services. The town contends that both sec. 66.60(16)(a), Stats. (1987-88) and sec. 60.55(2)(b), Stats. (1985-86),1 authorize it to levy this fee. We hold that sec. 60.55(2)(b) allows the town to charge the county for fire protection on a per call basis, but that sec. 66.60...

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