That's what a state appeals court ruled Tuesday in a decision that clarified some municipal powers.
The 3rd District Court of Appeals says the storm sewer's construction needed approval from the Town of Union. But the city argued otherwise.
Court records say in August 2001, Eau Claire asked the Town of Union for permission to place a storm sewer along town roads and under two private lots in a project designed to mitigate drainage problems in the city.
Records say the town gave the city permission to place the lines under the roads but denied permission regarding the private lands, arguing it considered those changes "shortsighted.''
The city went ahead with the construction plans and the town went to court, obtaining an injunction to block the project.