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GELHAUS & BROST v. CITY OF MEDFORD

No. 87-1261.

144 Wis.2d 48 (1988)

423 N.W.2d 180

GELHAUS & BROST, INC., James Hince and Judith Hince, Medford Co-Operative, Inc., Medford Motors, Inc., Robert Oestreich and Judith Oestreich, Ann Roemer, The Star News, Inc., Armond E. Amacher and Marcella J. Amacher, and/or Strebig Auto, Inc., Plaintiffs-Appellants, v. CITY OF MEDFORD, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided March 29, 1988.

Attorney(s) appearing for the Case

For plaintiffs-appellants there were briefs submitted by Corliss V. Jensen and William A. Grunewald of Nikolay, Jensen, Scott, Gamoke & Grunewald, S.C., of Medford.

For defendant-respondent there was a brief submitted by Thomas M. Rusch of Rusch & Rusch Law Office, S.C., of Medford

Before Cane, P.J., LaRocque and Myse, JJ.

CANE, P.J.

The property owners1 appeal a summary judgment that sustains special assessments by the City of Medford. They contend that the amount assessed under a municipality's police power may not exceed the value of the improvement to the property. We conclude that assessments made pursuant to a municipality's police power are not limited to the value of the benefits to the property. Because...

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