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BENDER v. TOWN OF KRONENWETTER

No. 02-0403.

258 Wis.2d 321 (2002)

2002 WI App 284

654 N.W.2d 57

Richard BENDER, Arvilla Bender, FB & Company, LLP, and Dale Howard, Petitioners-Respondents-Cross-Appellants, v. TOWN OF KRONENWETTER, Respondent-Appellant-Cross-Respondent.

Court of Appeals of Wisconsin.

Decided October 1, 2002.

Attorney(s) appearing for the Case

On behalf of the respondent-appellant-cross-respondent, the cause was submitted on the briefs of Russell W. Wilson and Julie M. Falk of Ruder, Ware & Michler, Wausau.

On behalf of the petitioners-respondents-cross-appellants, the cause was submitted on the briefs of Gary R. McCartan of McCartan Law Firm, S.C., Wausau.

Before Cane, C.J., Hoover, P.J., and Peterson, J.

¶ 1. PETERSON, J.

The town of Kronenwetter appeals a decision that (1) the town's litigation costs could not be included in a special assessment levy; and (2) the special assessment of Dale Howard's property is reasonable as it pertains to water, but not as it pertains to sewer. The town argues that the litigation costs should be included in the special assessment and that Howard's property was reasonably assessed for both sewer and water.

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