Margaret Pulera v. Town of Richmond
2017 WI 61
Wis.2017Background
- Rock County Highway Dept. altered an intersection on the Rock–Walworth county line and discontinued two roads without prior town highway orders; towns later retroactively approved the changes at a joint meeting on Sept. 9, 2014.
- Richmond (Walworth) recorded its highway order Oct. 3, 2014; Johnstown (Rock) recorded its highway order Nov. 3, 2014.
- Pulera filed certiorari petitions: Nov. 3, 2014 (Walworth) and Dec. 1, 2014 (Rock), challenging the towns' recorded highway orders.
- Both circuit courts dismissed Pulera's petitions as untimely, but used different triggering events (town vote or actual notice) to start the 30-day statutory period.
- The court of appeals certified the question to the Wisconsin Supreme Court: what event triggers the 30-day filing period under Wis. Stat. § 68.13(1) for town highway orders (as applied with § 82.15)?
- The Supreme Court reversed the dismissals and held the 30-day period begins on the date the highway order is recorded with the county register of deeds; Pulera’s petitions were therefore timely.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| When does the 30-day certiorari period under Wis. Stat. § 68.13(1) begin for a town highway order under § 82.15? | Starts when the highway order is recorded with the register of deeds (gives final form and public notice). | Starts when the town board votes/adopts the order (vote is the decisive public action). | Begins on the date the highway order is recorded by the register of deeds. |
| Does actual notice to an individual trigger the 30-day period? | (argued by some) Receipt by individuals should start the clock. | Towns: actual receipt by individuals varies and is unreliable. | Rejected as primary trigger; recording supplies a single, ascertainable trigger and accords with statutory scheme. |
| Must a petitioner have been a party to the underlying proceeding to file within 30 days? | Pulera argued highway-order aggrievement permits certiorari under § 82.15 even if not a formal party. | Towns contended § 68.13(1) refers to a party to a proceeding. | Court treated persons aggrieved by highway orders as entitled to seek certiorari under § 82.15/§ 68.13 and tied the 30-day clock to recording. |
| Should courts adopt a uniform, administrable trigger date? | Recording supplies a date‑certain, public, and final instrument suitable for triggering the deadline. | Vote or actual notice produce variable or attendance‑dependent triggers. | Yes — recording provides clarity and minimizes disputes; court adopts it while urging legislative clarification. |
Key Cases Cited
- Kalal v. Circuit Court for Dane Cty., 271 Wis. 2d 633 (statutory interpretation principles)
- Dawson v. Town of Jackson, 336 Wis. 2d 318 (noting ambiguity in § 68.13(1) re: highway orders)
- Marder v. Bd. of Regents of Univ. of Wis. Sys., 286 Wis. 2d 252 (standard of review for statutory interpretation)
- Ramsthal Advertising Agency v. Energy Miser, Inc., 90 Wis. 2d 74 (written order required for appeal)
- Helmrick v. Helmrick, 95 Wis. 2d 554 (appealable order must be in writing)
