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DUNCAN DEVELOP. CORP. v. CRESTVIEW SAN. DIST.

22 Wis.2d 258 (1964)

DUNCAN DEVELOPMENT CORPORATION, CRESTVIEW DEVELOPMENT COMPANY, and ROSENFELD, Plaintiffs, v. CRESTVIEW SANITARY DISTRICT, Defendant. [Case Nos. 98, 99, 100. Consolidated appeals and cross appeals.]

Supreme Court of Wisconsin.

January 7, 1964.

Attorney(s) appearing for the Case

For the defendant there was a brief by La France, Thompson, Greenquist, Evans & Dye of Racine, and oral argument by Kenneth L. Greenquist.

HALLOWS, J.

The two questions raised are: (1) Whether the special assessments levied against all the property in the district by the Crestview Sanitary District to finance the cost of the proposed elevated water-storage tank with appurtenances are valid, and (2) whether the particular assessments against the plaintiffs' property are arbitrary, unreasonable, and excessive.

Plaintiffs contend the town sanitary district is without power to levy a special assessment...

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