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CIT GROUP v. VILLAGE OF GERMANTOWN

Nos. 90-1934, 90-2570.

163 Wis.2d 426 (1991)

471 N.W.2d 610

CIT GROUP/EQUIPMENT FINANCING, INC., Plaintiff-Appellant, v. The VILLAGE OF GERMANTOWN, Defendant-Respondent. Violet Joan EHRLICH, Plaintiff-Appellant, v. The VILLAGE OF GERMANTOWN, Defendant-Respondent. ARMBRUSTER BUILDERS, INC., Plaintiff-Appellant, v. The VILLAGE OF GERMANTOWN, Defendant-Respondent. Nelson G. EVENSON and Elfrieda Evenson, Plaintiffs-Appellants, v. The VILLAGE OF GERMANTOWN, Defendant-Respondent. Gary J. DIVALL and Jonathan S. Ross, d/b/a Ashbury Meadows Associates, Plaintiffs-Appellants, v. The VILLAGE OF GERMANTOWN, Defendant-Respondent. James A. BRUNDAHL and Bernadette Brundahl, Plaintiffs-Appellants, v. The VILLAGE OF GERMANTOWN, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided May 22, 1991.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of David R. Olson, Gary A. Ahrens and Peter R. Reckmeyer of Michael, Best & Friedrich of Milwaukee.

On behalf of the defendant-respondent, the cause was submitted on the brief of Daniel L. Sargeant and Jerry A. Edgar of Schloemer, Alderson, Seefeldt & Spella, S.C., of West Bend.

Before Brown, Scott and Anderson, JJ.

BROWN, J.

The appellants challenge the Village of Germantown's special assessment for future users of the reserve capacity of a new sewer interceptor linking Germantown to the Milwaukee Metropolitan Sewerage District (MMSD). The issues are whether the assessment was made upon a reasonable basis, whether it stated the benefits for each assessed property pursuant to sec. 66.60(3)(d), Stats., and whether the assessment proceeds would not exceed the total cost of the...

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