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TOWN OF MADISON v. COUNTY OF DANE

No. 2006AP2554.

737 N.W.2d 16 (2007)

2007 WI App 177

TOWN OF MADISON, Plaintiff-Respondent, v. COUNTY OF DANE, Defendant-Appellant.

Court of Appeals of Wisconsin.

Opinion Filed June 14, 2007.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Gary Rehfeldt, Assistant Corporation Counsel for Dane County, and Marcia MacKenzie, Corporation Counsel for Dane County.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of John M. Gerlach of Larowe, Gerlach & Roy, LLP, Madison.

A nonparty brief was filed by Andrew T. Phillips and Adria D. Riva of Stadler, Centofanti & Phillips, S.C., Mequon, for Wisconsin Counties Association.

Before LUNDSTEN, P.J., DYKMAN and VERGERONT, JJ.

¶ 1 LUNDSTEN, P.J.

The County of Dane appeals a circuit court judgment requiring the County to pay the Town of Madison for half of the Town's costs in constructing a bridge, pursuant to WIS. STAT. § 81.38 (2001-02).1 The statute contains conditions under which a county is required to assist a town in paying for constructing or repairing a bridge on a highway. The condition at issue here is that the bridge that is constructed...

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