Commission rescinds January motion to build two miles of fence after insurer declines indemnity

The Dunn County Board of Commissioners voted to rescind a January motion authorizing construction of two miles of fence at a private party’s chosen location after receiving legal advice and new information about liability and insurance coverage.

County legal counsel advised the board that Continental (an insurer referenced during the meeting) would not reimburse the county for fence costs and that the county’s statute-of-limitations window for recovering certain road-damage costs appeared to have expired. Staff also presented an independent estimate for fence construction of about $73,000. Commissioners learned the affected private party is pursuing litigation directly against Continental.

After the executive session briefing, a commissioner moved to rescind the January 2 motion to build the fence. Another commissioner seconded; the board voted to rescind the earlier decision on a roll call vote. Meeting minutes record the board’s conclusion that Continental would not reimburse the county and that the county would be responsible for the estimated fencing cost if it chose to proceed. No additional county funding was authorized at the meeting.

The board’s action restores its earlier status: no county-funded fence construction will occur based on the prior January motion. Commissioners instructed staff to document counsel’s advice and to monitor the private litigation and any future claims involving Continental and the road-use agreement referenced in meeting materials.