A long-running dispute over maintenance of a laid-out county road drew several residents, county staff and attorneys to the Dunn County Commission meeting, where competing accounts about who has authority to maintain the road and whether dirt was removed from a neighbor’s property dominated more than an hour of public comment.

Resident Dean Burwick told commissioners that operations on an adjacent section line repeatedly removed soil from his fence line and left a significant cut along the road. "When they take out my dirt for 33 feet, they took it all away," Burwick said, showing photos he said documented the change.

Neighbor Willard Tormach told the commission he had repeatedly sought permission to maintain the dirt road and said county staff at various times had told him he had authorization. Tormach said he applied for and received a permit in 2022 to perform maintenance, that he carried out work in late 2022 and 2023 and that he later returned soil to the ditch at the county's direction. "I did the work in '22... I think I'm doing what the county asked me to do," Tormach said.

Ross (county staff) and Assistant State's Attorney Sandeen summarized a complex history: a county letter sent to property owners in 2007 warned against making improvements to section lines without county permission; at different times individual commissioners and a county road superintendent gave permission to maintain the road; and prior legal advice in 2018 had characterized the dispute as primarily a civil matter between private parties. Sandeen told the commission that while the county's counsel can pursue an injunction if directed by the commission, the legal record shows prior permissions and a history of permitted maintenance and that the county's authority has limits.

Commissioners and staff reviewed a packet of emails, permits, maps and photos submitted by both sides. The materials included a map and a permit Tormach provided showing the locations where he reported doing maintenance and emails from county staff requesting that he replace dirt in the ditch. County staff said they had told Tormach to replace soil when his work appeared to block ditch flow.

Commissioners said the disagreement has become personal and recommended that county crews or engineers — rather than private parties — conduct any restoration or shaping of the laid-out road to avoid further conflict. "I would offer this as a thought... consider directing the county forces to go out there and shape that laid out road the way they want it shaped out," a commissioner suggested.

The commission voted to table final action on the dispute and directed county staff to assemble engineers and road department personnel to inspect the road, review the laid-out-road paperwork and present options for repair and surfacing at a later meeting. The motion to table was seconded and carried.

The commission did not order immediate enforcement action or an injunction at the Jan. 2 meeting; both residents said they will continue to compile documentation. Commissioners suggested that a future staff visit include engineering recommendations about whether to place a gravel or scoria surface to reduce maintenance needs and dust.