IN RE CHEROKEE PARK PLAT

No. 81-1150.

113 Wis.2d 112 (1983)

334 N.W.2d 580

IN RE the MATTER OF the CONSTRUCTION OF CONCRETE SIDEWALKS IN the FOURTH ADDITION TO CHEROKEE PARK PLAT (Third Addition): Joseph F. PRELOZNIK, Dolores A. Buchler, Joseph R. Dixon and Jeanne B. Snodgrass, et al., Appellants, v. CITY OF MADISON, Respondent. IN RE the MATTER OF the CONSTRUCTION OF STANDARD STREET IMPROVEMENTS ON LOT 276, IN the FOURTH ADDITION TO CHEROKEE PARK PLAT (Third Addition): Joseph F. PRELOZNIK, Dolores A. Buchler, Joseph R. Dixon, Jeanne B. Snodgrass and Richard R. Hoholik, Appellants. v. CITY OF MADISON, Respondent.

Court of Appeals of Wisconsin.

Decided April 26, 1983.


Attorney(s) appearing for the Case

For the appellants there were briefs by Joseph Preloznik and Preloznik & Associates of Madison, and oral argument by Joseph F. Preloznik.

For the respondent there was a brief by Henry A. Gempeler, city attorney, and James M. Voss, assistant city attorney, and oral argument by James M. Voss, assistant city attorney.

Before Gartzke, P.J., Dykman, J. and W.L. Jackman, Reserve Judge.


GARTZKE, P.J.1

As authorized by sec. 66.60(12) (a), Stats., appellants appealed to the circuit court from the special assessments by the City of Madison in 1979 against their properties for sidewalks. They seek appellate review of an order dismissing those appeals on the city's motion for summary judgment. We conclude that summary judgment dismissing the appeals was inappropriate because an issue of material fact exists. We therefore reverse...

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