Town of Madison v. County of Dane

LUNDSTEN, EJ.

¶ 1. 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 or repaired be "on a highway maintainable by the town." Wis. Stat. § 81.38(1). The County argues that it is not liable to the Town under § 81.38 because the statute is…