The Wisconsin Court of Appeals issued a nine‑page decision on Wednesday confirming that the Town of Fond du Lac is liable for a quarter‑mile segment of road that was once State Highway 175, as well as the culvert that carries Supple Creek beneath it. The ruling resolves a dispute that has lingered for nearly three decades.
Background of the transfer agreement
In 1998, the Town of Fond du Lac entered into a Joint Transfer Agreement (JTA) with the Wisconsin Department of Transportation. Under that agreement, the town agreed to assume jurisdiction over a short portion of Van Dyne Road that would become part of the new State Highway 175 corridor, as well as a small connector linking Lakeshore Drive to the newly built highway. The transfer became effective on November 15, 2001.
Conflict over the Supple Creek culvert
When the culvert at Supple Creek required replacement in September 2022, the town argued that the JTA did not cover the culvert and that the state should bear the cost. A circuit court agreed with the state, but the town appealed the decision.
Appeals court reasoning
The appellate panel examined the plain language of the JTA and found it unambiguous. The court noted that the agreement expressly transferred “jurisdiction over the former segments of old STH 175” to the town, which includes any improvements or maintenance obligations tied to those roadways. The court rejected the town’s claim that the “improvement project” language excluded the culvert, stating that the logical interpretation of the agreement is the deletion of the old state highway from the state system, the addition of the new highway, and the assumption of full responsibility for the former road by the town.
Additionally, the court found no breach of the covenant of good faith and fair dealing, siding with the earlier circuit court ruling.
Implications for local infrastructure
With the decision now final, the Town of Fond du Lac must fund the replacement and ongoing upkeep of the culvert at Supple Creek, as well as routine maintenance of the quarter‑mile road segment. The ruling underscores the importance of clear jurisdictional agreements when state highways are realigned and transferred to local control.
The decision can be appealed further to the Wisconsin Supreme Court, though the town may find it prudent to focus on budgeting for the required work rather than prolonging litigation.
What residents should know
Drivers using Van Dyne Road and the connecting stretch to the new STH 175 can expect the town to maintain the roadway and address any future repairs, including culvert work, without relying on state funding. Local officials have indicated they will prioritize the culvert replacement to ensure safe travel and protect water flow at Supple Creek.
Community members with concerns about road conditions or the timing of repairs are encouraged to contact the Town of Fond du Lac Public Works Department.
Original reporting: FOX 11 WLUK Green Bay (local) — read the source article.
