White v. City of Watertown

In this longstanding dispute over which adjoining landowner must pay to construct and maintain partition fencing between their properties the Supreme Court affirmed the judgment of the court of appeals, holding that the City of Watertown is responsible for conducting a statutorily-prescribed procedure for resolving fence-related disputes. Wis. Stat. 90.03 assigns responsibility for partition fences to all adjoining property owners. Chapter 90 contains a detailed procedure for quantifying costs and allocating them amongst the adjoining owners (the Enforcement Procedures). Plaintiffs brought this complaint against the City asserting that Chapter 90 authorizes cities to engage Chapter 90’s Enforcement Procedures to determine and locate the cost of constructing and maintaining the fencing. The circuit court granted declaratory relief for Plaintiffs. The court of appeals affirmed. The Supreme Court affirmed, holding that Chapter 90 unambiguously authorizes cities to administer the Enforcement Procedures. View "White v. City of Watertown" on Justia Law