Baraboo weekly news. [volume] (Baraboo, Wis.) 1912-197?, 1917-08-09
TROY ROAD CASE
IS DECIDED upon

The action in the circuit court for
Sank county just decided by Judge
Stevens was decided in a manner
most agreeable to the town officers
and town of Troy. In September, 1916,
the town voted three sums of money
for three certain roads, One sum was
tax levy and the two sums were to
be raised by bond issue. The tax
levy of $4,000 and $4,000 in bonds
were to be used on the north road in
the town of Troy and $4,000 of
bond issue was to be used on a portion
of the south road through the town
of Troy, which portion is known as
the East road. Shortly thereafter
highway committee of the county rec
commended that another piece OF the
south road, known as the West road,
should be put on the system instead
! of the eastern loop. This the county
; board did but the state highway COM
mission failed to ratify the action OF
the county board. The county board
! also requested the electors OF the
town to change their bond issue from
! the east road to the west road. This
1.-The electors did at the annual town
meeting in April, 1917. John Miller
and Others similarly situated, who
wanted the East road improved,
| brought suit again the town OF Troy
and the town officers, asking for an
| Injunction restraining the town board
| from improving the West road and to
compel them to improve the East road
| The town board brought in as new
parties Peter Leykauf and others SIM
ilarly situated who desired to have the
| West road improved in order that each
side might represent their respective
claims. The town officers Of the town
of Troy then answered on behalf OF
| themselves and the town alleging that
| the controversy concerning the $4,000
] was an independent issue as to the
North road, and that the town board
! ought to be permitted to improve the
North road and that the prayer for re-
lief on the part of both John Miller
and Peter Leykauf and those similarly
situated ought to be denied upon the
ground that while the state highway
commission had refused to improve
the West road, the electors Of the
town had repudiated the East road,
and that even though power was given
| the state highway commission to de-
| term ne which road should be on the
| system, it was for the electors to say
| whether any road should be improved.
The town officers further answered de-
nying that they had any intention of
issuing bonds in the sum Of $4,000
for either the East road or the West
road and that no necessity for the in
! junction existed.
The matter was tried before Judge
E. Ray Stevens at Madison, whose de-
cision sustafns the content on of the
! town, the court holding that while the
electors had no auhotrity to vote the
money to the West road prior to the
time it had been designated as part Of
the county system by the state high
way commission, and that the town
would be restrained from issuing
bonds and expanding the proceeds up
on the West road, that neither would
they be compelled to improve the East
road in view Of the fact that the town
had voted not to improve the East
road with the proceeds Of the bond
issue. The court also refused to re-
strain the town from proceeding with
the sale Of bonds in the sum of $4,000
for the Improvement of the North
road, holding that that was separate
and severable part of the towns pro-
gram for the improvement of its high
ways and not affected by the cOntrO
versy over the East and West roads.
Crownhart, & Wylie of Madison rep
resented Peter Leykauf and others,
Grotophorst Thomas, Rieser & Quale
represented John Miller and others, F,
Bentley, Kelley & Hill represented the
town of Troy and it's officers.
Peter Leykauf, through his attor-
.neys, stipulated in open court that
the town might proceed with the i'm
proyement Of the North road and that
they would raise no objection. John
Miller, through his attorneys, contend
ed that the entire bond issue would
fail, and refused to consent to the i'm
provement Of the North road. The
town board of Troy is now enabled to
proceed with the Improvement of
their b ghWays as contemplated by
them.
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