Town of Rib Mountain v. Marathon County
Town of Rib Mountain v. Marathon County
Opinion
*635
¶1 In 1957, the Wisconsin legislature conferred authority on counties to "establish a rural naming or numbering system in towns for the purpose of aiding in fire protection, emergency services, and civil defense."
I. BACKGROUND
¶2 In 2016, Marathon County passed Ordinance #O-7-16 to "establish[ ] and maintain[ ] a county addressing system for Marathon County."
See
Marathon Cty. Or. § 9.20(2) (2018). Under the ordinance, Marathon County would "assign each location [in Marathon County] a unique address which will aid emergency [personnel] in providing fire protection, emergency medical services, and law enforcement services; and meet other general locational needs such as delivery services of the public."
See
¶3 The Town of Rib Mountain was one of 40 towns required by Marathon County to participate in the addressing system. The Town filed an action for declaratory relief against Marathon County. 2 The *734 Town alleged that "Marathon County's authority to implement a naming and numbering system in towns is limited to rural naming and numbering systems, upon which only rural roads and intersections, homes, businesses, farms, and other establishments may be assigned a name or number, and only when the purpose *637 of implementing a rural naming and number system in towns is to aid in fire protection, emergency services, and civil defense." The Town asserted that Marathon County's "[o]rdinance unlawfully exceeds the statutory authority granted to Marathon County by the Wisconsin Legislature and intrudes upon the Town's statutory authority to choose or change the names of urban or non-rural roads."
¶4 The circuit court denied the Town's claim for declaratory relief.
3
The circuit court disagreed with the Town's assertion that "rural" as used in
¶5 The Town appealed, and the court of appeals reversed the circuit court.
Town of Rib Mountain v. Marathon Cty.
,
¶6 Having concluded that the statute restricts Marathon County's authority to implement a naming and numbering system to rural areas in towns, the court of appeals consulted dictionaries to give meaning to "rural."
Id.
, ¶18. Combining several definitions, the court of appeals adopted the following definition of "rural" for
[T]hese definitions establish that: (1) the term "rural" is used to describe things that are characteristic of, or related to, the "country"; and (2) the "country" encompasses places that are distinct from "urban" areas-i.e., areas with comparatively higher concentrations of people or buildings. Based on these definitions, we conclude the term "rural" in Wis. Stat. § [59.54](4) and (4m) denotes areas that are not urban. In other words, the term "rural" refers to areas that are comparatively less densely populated by people or buildings, or areas that are characteristic of, or related to, the country.
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Town of Rib Mountain
,
¶7 Employing this definition of "rural," the court of appeals held that "[t]he County thus exceeded its authority by mandating the implementation of a uniform addressing system in all unincorporated areas of the County, without regard to whether those areas *639 also qualified as 'rural.' " Id. , ¶28. However, despite adopting a definition of "rural" and declaring Marathon County's ordinance too broad, the court of appeals remanded the case, placing the burden on Marathon County to "demonstrate which portions of Rib Mountain, if any, qualify as 'rural,' according to the plain meaning of the term as set forth above." Id. , ¶29. The court of appeals instructed:
As a general matter, we do not require the County to use any particular criteria in order to determine which unincorporated land within its territory qualifies as "rural," for purposes ofWis. Stat. § 59.54 (4) and (4m), and which does not. The legislature chose not to include any specific criteria in those subsections for distinguishing between rural and non-rural areas. Its failure to do so makes sense, because the criteria used to make that distinction will likely vary on a county-by-county basis, as land that might reasonably be categorized as rural in the context of a more populous county could conceivably be categorized as urban in the context of a less populous county.
Town of Rib Mountain
,
¶8 Marathon County petitioned this court for review, and we granted the petition.
*640 II. DISCUSSION
A. Standard of Review
¶9 This case requires us to interpret
B. Analysis
1. Wisconsin Stat. § 59.54(4) and (4m) apply in towns.
¶10 The issue is whether
¶11 Wisconsin Stat. § 59.54(4) and (4m) provide as follows:
(4) Rural naming or numbering system. The board may establish a rural naming or numbering system in towns for the purpose of aiding in fire protection, emergency services, and civil defense, and appropriate and expend money therefor, under which:
*642 (a) Each rural road, home, business, farm or other establishment, may be assigned a name or number.
(b) The names or numbers may be displayed on uniform signs posted on rural roads and intersections, and at each home, business, farm or other establishment.
(4m) Rural naming or numbering system; town cooperation. The rural naming or numbering system under sub. (4) may be carried out in cooperation with any town or towns in the county.
¶12 Under the text of
¶13 Paragraphs (4)(a) and (4)(b) likewise do not modify subsection (4)'s territorial perimeter of "in towns." Paragraph (a) states that "[e]ach
rural
road, home, business, farm or other establishment, may be assigned a name or number," and paragraph (b) provides that the "numbers may be displayed on uniform signs posted on
rural
roads and intersections, and at each home, business, farm or other establishment."
2. "Rural" has descriptive but not operative meaning in
¶14 Having concluded that "rural" does not modify the locational parameter of "in towns," we now address what the word "rural" means in the context of this statute. The Town insists that we "must consider each term in the statute to avoid surplusage" and argues that "rural" further restricts Marathon County's authority to establish a naming or numbering system within only the
rural portions
of towns rather than throughout towns in their entirety. The Town
*644
asks us to adopt the court of appeals' definition of "rural" which was "not urban," "areas that are comparatively less densely populated by people or buildings, or areas that are characteristic of, or related to, the country."
Town of Rib Mountain
,
¶15 Even though our interpretation results in declaring "rural" surplusage, the canon against surplusage is not an imperative that must be followed inexorably regardless of where that leads.
See
Milwaukee Dist. Council 48 v. Milwaukee Cty.
,
¶16 Because surplusage does exist in legislative drafting, "[w]e should be wary ... of 'creat[ing] unforeseen meanings or legal effects from' what is nothing more than a 'stylistic mannerism.' "
Milwaukee Dist. Council 48
,
¶17 The imprecision of "rural" and the absence of a statutory definition supports our conclusion that "rural" as used in
The dictionaries we have consulted generally define the adjective "rural" as describing something that is related to, or characteristic of, the country. For instance, one dictionary defines "rural" as "in, relating to, or characteristic of the countryside rather than the town." Rural , New Oxford American Dictionary (2001). Another dictionary similarly defines "rural" as "of or relating to the country, country people or life, or agriculture." Rural , Webster's New Collegiate Dictionary (1977). A third defines "rural" as "of, relating to, associated with, or typical of the country." Rural , *739 Webster's Third New International Dictionary (1993).
*647
Town of Rib Mountain
,
¶18 If "rural" means something related to the "country," these definitions beg the question of what "country" means. The dictionaries relied upon by the court of appeals similarly fail to establish a more concrete definition:
"Country," in turn, is defined by one dictionary as "districts and small settlements outside large towns, cities, or the capital." Country , New Oxford American Dictionary (2001). Another dictionary states that "country" means both "an indefinite usu[ally] extended expanse of land" and " rural as distinguished from urban areas." Country , Webster's New Collegiate Dictionary (1977). A third dictionary similarly defines "country" as both "an expanse of land of undefined but usu[ally] considerable extent" and " rural regions as distinguished from city, town, or other thickly inhabited and built-up areas." Country , Webster's Third New International Dictionary (1993).
Town of Rib Mountain
,
*648 ¶19 These definitions illustrate that the meaning of "rural" is subjective and indeterminate. Common dictionary definitions are somewhat circular because "rural" points us to "country," and "country" is often defined as comprising "rural" areas, which brings us back full circle to "rural" but with no elucidation of its meaning. "Rural," according to prevailing dictionary definitions, generally refers to things that are related to, or are characteristic of, the country, in contrast to more populated areas, rendering "rural" a relative term, subject to the eye of the beholder. What is considered rural in one area might be deemed urban in another. The criteria used to determine whether an area is rural or urban will undoubtedly change from county to county because land might be categorized as rural (i.e., more sparsely populated) in a more populous county but that same land might be categorized as urban in a less populous county. Merely contrasting "rural" with "urban" is unhelpful and gives no clues as to how one would go about ascertaining what constitutes "rural" and what constitutes "urban." There is no way to determine how sparsely populated an area must be in order to be rural, and the common dictionary definitions do not include such criteria. Saying that "rural"
*740 means "characteristic of, or related to, the country," "comparatively less densely populated by people or buildings," or "not urban"-as the Town *649 would have us define it-is little more than a tautology. It is merely a melding of common dictionary definitions, which lack objective definitional content. The general definition is not, as the Town insists, "workable and pragmatic"; it is utterly indeterminate. Nor are we able to discern a better, more usable definition given the vagueness of common dictionary definitions.
¶20 The purpose of
¶21 Marathon County's proffered definition of "rural" as "unincorporated," while more precise than the definition the Town proposes, fares no better. At oral argument, Marathon County explained that by "unincorporated" it meant towns that had not incorporated into villages or cities; in other words, Marathon County's use of "unincorporated" simply means "towns."
9
But defining "rural" to mean "town" is duplicative of "in towns." It creates unnecessary
*741
surplusage rather than giving independent meaning to "rural,"
*651
which would leave us where we started: "rural" has no independent legal meaning. Furthermore, "rural" does not mean "unincorporated" or "town," even if towns are generally rural. "Rural" means something characteristic of or related to the country or areas that are more sparsely populated. In the absence of a statutory definition showing that the legislature intended "rural" to mean "unincorporated" or "town" we will not read one into the statute. The text of the statute says Marathon County's authority to establish a naming or numbering system is limited to towns; therefore, this is the meaning we apply.
¶22 Our analysis is supported by other uses of "rural" in the statutes, which demonstrate that when the legislature wants to give "rural" a legally operative meaning, it has done so by defining the term. For example, in
*652
¶23 In contrast, the legislature does not define "rural" in
*653 III. CONCLUSION
¶24 Marathon County's authority to establish a rural naming or numbering system
*742
under
By the Court. -The decision of the court of appeals is reversed.
¶25 SHIRLEY ABRAHAMSON, J., withdrew from participation before oral argument.
¶26 ANN WALSH BRADLEY, J., did not participate.
All subsequent references to the Wisconsin Statutes are to the 2017-18 version unless otherwise indicated.
The Complaint added the Towns of McMillan, Mosinee, Stettin, Texas, Weston, and Wausau as necessary parties. Those towns filed letters with the Clerk of the Supreme Court stating that they will not be filing a brief and will abide by this court's decision.
The Honorable Gregory Huber presided.
The original version of the statute was enacted in 1957 as
The Town argues that it is urban, but it maintains that "the rural or urban nature of Rib Mountain is more appropriately decided by the Circuit Court," and it agrees with the court of appeals decision to remand for a factual determination on this issue.
"The titles to subchapters, sections, subsections, paragraphs and subdivisions of the statutes and history notes are not part of the statutes."
Black's Law Dictionary defines "rural" as "[c]oncerning the country, as opposed to urban (concerning the city)." Rural , Black's Law Dictionary (6th ed. 1990). The American Heritage Dictionary defines "rural" as "[o]f, relating to, or characteristic of the country," "relating to people who live in the country," or "relating to farming." Rural , American Heritage Dictionary (5th ed. 2011). Finally, the Shorter Oxford English Dictionary defines "rural" in pertinent part as "[o]f, pertaining to, or characteristic of the country or country life; existing or performed in the country; agricultural, pastoral." Rural , Shorter Oxford English Dictionary (6th ed. 2007).
Black's Law Dictionary defines "country" as "[r]ural, as distinguished from urban areas," country , Black's Law Dictionary (6th ed. 1990), the American Heritage Dictionary defines it as "[a]n area or expanse outside cities and towns; a rural area," country , American Heritage Dictionary (5th ed. 2011), and the Shorter Oxford English Dictionary defines it in part as "[o]f or pertaining to rural as distinct from urban districts; situated or living in the country; belonging to or characteristic of the country, esp. as contrasted with the town." Country , Shorter Oxford English Dictionary (6th ed. 2007).
Marathon County is correct. Three categories of municipalities exist in Wisconsin: towns, villages, and cities. Towns are corporate bodies,
see
The parties appear to agree that towns were generally rural when
Reference
- Full Case Name
- TOWN OF RIB MOUNTAIN, Plaintiff-Appellant, v. MARATHON COUNTY, Defendant-Respondent-Petitioner, Town of McMillan, Town of Mosinee, Town of Stettin, Town of Texas, Town of Wausau and Town of Weston, Defendants-Respondents.
- Cited By
- 5 cases
- Status
- Published