The Court of Appeals of Wisconsin has ruled in favor of the Wisconsin Department of Transportation (DOT) in a jurisdiction dispute over Van Dyne Road. The Town of Fond du Lac had claimed jurisdiction over the road, but the court found that jurisdiction had transferred to the DOT in 2001. This ruling affects local governance and responsibilities regarding road maintenance.

The case, titled Town of Fond Du Lac v. Wisconsin Department of Transportation (2025AP002094), centers on a jurisdictional transfer agreement (JTA) between the Town and the DOT. The court's decision confirms that the Town does not have jurisdiction over the stretch of Van Dyne Road in question, which is significant for local authorities and residents who rely on the road.

Background

The Town of Fond du Lac and the DOT entered into the JTA in 1998, which outlined the transfer of jurisdiction over a portion of Van Dyne Road, also known as Old State Trunk Highway 175. The agreement specified that jurisdiction would transfer to the Town upon the completion of a highway improvement project for a new STH 175, which is now under the DOT's jurisdiction.

The JTA included a condition that the transfer would take effect on November 15 of the year when the improvement project was completed and open to traffic, which was expected to be November 15, 2001. However, the Town argued that the project was never fully completed because it did not include the replacement of a culvert over Supple Creek, which the Town believed was necessary for the transfer to take place.

Since 2003, the Town has claimed jurisdiction over the roadways in question to qualify for state transportation funding and has maintained the roads, including snow removal and other maintenance tasks. In September 2022, the Town filed a complaint seeking a declaratory judgment regarding jurisdiction over the culvert on Van Dyne Road, leading to this appeal.

The Ruling

The court ruled that the circuit court's order granting summary judgment in favor of the DOT and denying the Town's motion was correct. The court stated, "the only reasonable interpretation of the JTA is that the jurisdictional transfer of the roadways at issue from the DOT to the Town took place on November 15, 2001." The judges involved in the ruling were Lazar, P.J., Gundrum, and Grogan, JJ.

The court found that the JTA was unambiguous and that the transfer of jurisdiction was clearly defined. The court emphasized that the DOT had completed the new STH 175 project by November 15, 2001, and that the Town had assumed jurisdiction over old STH 175 as expected. The court also noted that the Town's claims regarding the culvert replacement were unreasonable, as the JTA did not mention it as a condition for the transfer.

Impact

This ruling has significant implications for local governance in Fond du Lac. By affirming that the DOT retains jurisdiction over Van Dyne Road, the court clarifies the responsibilities for maintenance and funding related to the roadway. The decision reinforces the importance of adhering to jurisdictional agreements and the consequences of failing to meet the conditions outlined in such agreements.

The ruling may also serve as a precedent for future disputes regarding jurisdictional transfers between local municipalities and state departments. It highlights the necessity for local governments to understand the terms and implications of jurisdictional agreements fully.

What's Next

The Town of Fond du Lac may seek to appeal the decision to the Wisconsin Supreme Court, as the court's ruling allows for such a petition. However, details regarding any related pending cases were not available in the court filing.