Town of Clayton v. CARDINAL CONST. CO., INC.

¶ 1.

Cardinal Construction Co., Inc., appeals from a summary judgment granted in favor of the Town of Clayton. The issue presented is whether a contract between the Town and Cardinal Construction for the construction of a fire station was invalid as ultra vires because the Town's former board lacked the authority to contract absent approval by the town electors. We conclude that Wis. Stat. § 60.10(2)(e) and (í) (2007-08) 1 delegate power to the town electors to authorize the town board to purchase land and construct town buildings. We reject Cardinal Construction's contention that certain…