HOVDE v. VILLAGE OF WAUNAKEE

No. 86-0159.

140 Wis.2d 487 (1987)

411 N.W.2d 423

Glenn HOVDE, Plaintiff-Respondent, v. VILLAGE OF WAUNAKEE, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided June 18, 1987.


Attorney(s) appearing for the Case

For the defendant-appellant the cause was submitted on the briefs of Michael P. May and Joanne E. Brown and Boardman, Suhr, Curry & Field, of Madison.

For the plaintiff-respondent the cause was submitted on the briefs of Kenneth B. Axe and Isaksen, Lathrop, Esch, Hart & Clark, of Madison.

Brief of amicus curiae was filed by Steven M. Schur, chief counsel, and Steve Levine, assistant chief counsel, of Madison, on behalf of Wisconsin Public Service Commission of Wisconsin.

Before Gartzke, P.J., Eich and Sundby, JJ.


EICH, J.

The Village of Waunakee appeals from a summary judgment awarding Glenn Hovde, a real estate developer, $53,702.72. The sum represents the remainder of funds deposited by Hovde with the village electric utility in 1978 in connection with the extension of electric service to his subdivision development. The issue is whether the utility may be required to refund customer payments on equitable grounds when the refund...

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