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HILDEBRAND v. TOWN OF MENASHA

No. 2010AP897.

800 N.W.2d 502 (2011)

2011 WI App 83

David G. HILDEBRAND and Susan G. Hildebrand, Plaintiffs-Respondents, v. TOWN OF MENASHA, Defendant-Appellant, Curtis Law Office, Surety.

Court of Appeals of Wisconsin.

Opinion Filed May 11, 2011.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Charles D. Koehler of Herrling Clark Law Firm Ltd., Appleton.

On behalf of the plaintiffs-respondents, the cause was submitted on the brief of Beth D. Osowski of Curtis Law Office, Oshkosh.

Before BROWN, C.J., ANDERSON and REILLY, JJ.

ANDERSON, J.

¶ 1 The Town of Menasha appeals from the circuit court's final judgment holding that the Town could not legally assess David and Susan Hildebrands' commercial property for the cost of installing a portion of asphalt trail which abuts the property. Because the special assessment imposed upon the Hildebrands did not constitute a valid and enforceable exercise of the Town's police power under Wis. STAT. § 66.0703 (2009-10),1<...

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