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TOWN OF GRAND CHUTE v. OUTAGAMIE COUNTY

No. 03-1897-FT.

269 Wis.2d 657 (2004)

2004 WI App 35

676 N.W.2d 540

TOWN OF GRAND CHUTE, Plaintiff-Respondent, v. OUTAGAMIE COUNTY, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided January 13, 2004.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of and orally argued by Joseph P Guidote, Jr., Outagamie County corporation counsel, of Appleton.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of and orally argued by Charles D. Koehler and Herrling, Clark, Hartzheim & Siddall, Ltd., of Appleton.

Before Cane, C.J., Hoover, P.J., and Peterson, J.

¶ 1. HOOVER, P.J.

Outagamie County appeals a declaratory judgment determining it is liable for one-half the costs of repairing a bridge in the Town of Grand Chute.1 The County argues the court erred when it determined "cost" and "cost of construction or repair" are synonymous under WIS. STAT. § 81.38(2). The County also argues that it is only liable for its half of the amount the Town states in its initial petition for aid, not...

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