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DITTERNER v. WINDSOR SANITARY DIST. NUMBER 1

No. 96-0877.

209 Wis.2d 478 (1997)

564 N.W.2d 341

Theresa DITTBERNER, Vernon P. and Dorothy Roske, and Johnson Cheese Equipment, Incorporated, Plaintiffs-Respondents, v. WINDSOR SANITARY DISTRICT NUMBER 1, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided March 20, 1997.

Attorney(s) appearing for the Case

For the defendant-appellant the cause was argued by Timothy D. Fenner of Axley Brynelson of Madison.

For the plaintiffs-respondents the cause was argued by Nicholas J. Loniello of Loniello, Johnson & Simonini of Madison.

Before Eich, C.J., Vergeront and Roggensack, JJ.

EICH, C.J.

The Windsor Sanitary District appeals from a judgment voiding its attempted "amended assessment" of property belonging to Theresa Dittberner, Johnson Cheese Inc. and Vernon and Dorothy Roske.

The issues concern the District's power to amend an assessment after completion of the project for which the assessment was made and to include property that was outside the District's boundaries at the time of the...

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