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VILLAGE OF EGG HARBOR v. MARINER GROUP

No. 89-2401.

156 Wis.2d 568 (1990)

457 N.W.2d 519

IN RE the MATTER OF the APPEAL OF MARINER GROUP, INC., FROM the ASSESSMENT LEVIED BY the VILLAGE OF EGG HARBOR, DOOR COUNTY, WISCONSIN, FOR WASTEWATER TREATMENT PLANT & COLLECTION SYSTEM: VILLAGE OF EGG HARBOR, Appellant, v. MARINER GROUP, INC., Respondent.

Court of Appeals of Wisconsin.

Decided May 8, 1990.

Attorney(s) appearing for the Case

For appellants there were briefs by Dorothy H. Dey of Quale, Feldbruegge, Dalvelli, Thom & Croke, S.C., Milwaukee, and James C. Pankratz of Pankratz Law Office, Sturgeon Bay.

For respondents there was a brief by Randall J. Nesbitt of Pinkert, Smith, Weir, Jinkins & Nesbitt, Sturgeon Bay.

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

MYSE, J.

The village of Egg Harbor appeals a judgment setting aside a special assessment for the cost of a waste water treatment plant and collection system (the system) constructed by the village. The trial court found that the method of assessment was unreasonable. The village contends that under its police power to assess for the capital costs of the system, the lump sum method of assessment without regard to use was reasonable. The village further contends that...

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