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STEINBACH v. GREEN LAKE SANITARY DISTRICT

No. 2003AP2245.

291 Wis.2d 11 (2006)

2006 WI 63

715 N.W.2d 195

Daniel STEINBACH, Cynthia Steinbach, Chuck Rhein, Mary Rhein, Hugh Zwieg, Pamela Zwieg, Steve Kennedy, Karen Kennedy, Linus Schoepp, Donna Schoepp, Bob Van Metre, Barbara Van Metre, Jack Johnson, Beth Johnson, Leonard M. Teifeld, Anna Styka-Teifeld, Steve Swokowski, Julie Olson, Stout Krug Krug & Ryan, Gary Flatland, Peggy Flatland, John Waggoner, Karen Waggoner, William Bohnen, Linda Bohnen, Robert Connolly, Lynn Connolly, Bob Drisner, Ellen Drisner, John Tennyck, Art Krug, Dewi Krug, Carol Tennyck, Alan Ruud, and Susan Ruud, Petitioners-Respondents-Petitioners, v. GREEN LAKE SANITARY DISTRICT, Respondent-Appellant.

Supreme Court of Wisconsin.

Decided June 6, 2006.

Attorney(s) appearing for the Case

For the petitioners-respondents-petitioners there were briefs by Steven R. Sorenson and Sorenson Koenig Law Office, Ripon; and Kent A. Tess-Mattner and Schmidt Rupke Tess-Mattner & Fox, S.C., Brookfield, and oral argument by Steven R. Sorenson and Kent A. Tess-Mattner.

For the respondent-appellant there were briefs by William P. O'Connor, Mary Beth Peranteau and Wheeler, Van Sickle & Anderson, S.C., Madison, and oral argument by William P. O'Connor.

An amicus curiae brief was filed by Debra P. Conrad and Thomas D. Larson, Madison, on behalf of the Wisconsin Realtors Association.

¶ 1. PATIENCE DRAKE ROGGENSACK, J.

This case requires us to decide whether a special assessment levied against 18 condominium owners (Petitioners) by the Green Lake Sanitary District (the District) to finance a sanitary sewer system was reasonable. We conclude that the sewer system benefited the Petitioners' property. However, we also conclude that one portion of the assessment, the availability charge, lacked a reasonable...

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