Opinion No. Oag 15-89, (1989)

RAY A. SUNDET, Corporation Counsel La Crosse County

You ask whether towns with village powers possess statutory authority to unilaterally vacate streets in recorded subdivision plats. In my opinion, the answer is no.

Answering your question requires determining whether a town exercising village powers pursuant to section 60.22(3), Stats., can discontinue a street in a recorded subdivision in a town under sections 61.36 and 66.296, despite the fact that specific authority to take such action is granted to counties under section 236.445. Furthermore, it must be determined whether the exercise of…