Section 82.15. Appeal of a highway order.

  Any person aggrieved by a highway order, or a refusal to issue such an order, may seek judicial review under s. 68.13 . If the highway is on the line between 2 counties, the appeal may be in the circuit court of either county.

2003 a. 214 .

Note

2003 Wis. Act 214 , which affected this section, contains extensive explanatory notes. Microsoft Windows NT 6.1.7601 Service Pack 1 The judge's role is administrative and not judicial. Entry of judgment is beyond a circuit judge's jurisdiction under this section. Town of Taycheedah v. Webb, 118 Wis. 2d 362 , 348 N.W.2d 591 (Ct. App. 1984). Microsoft Windows NT 6.1.7601 Service Pack 1 This section contemplates certiorari review under s. 68.13 as the prescribed method for review of a highway order or of a refusal to issue such an order. Section 68.13 establishes both the procedure and a time limit for seeking review of a highway order under most circumstances. Inasmuch as the plaintiffs were seeking a determination that a town's refusal to issue a highway order was not in accordance with law, they should have proceeded under s. 68.13. Dawson v. Town of Jackson, 2011 WI 77 , 336 Wis. 2d 318 , 801 N.W.2d 316 , 09-0120 . Microsoft Windows NT 6.1.7601 Service Pack 1 The above annotations cite to s. 80.17, the predecessor statute to s. 82.15. Microsoft Windows NT 6.1.7601 Service Pack 1