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CED PROPERTIES LLC v. CITY OF OSHKOSH

No. 2012AP5.

833 N.W.2d 856 (2013)

2013 WI App 75

CED PROPERTIES LLC, Plaintiff-Appellant, v. CITY OF OSHKOSH, Defendant-Respondent.

Court of Appeals of Wisconsin.

Opinion Filed May 1, 2013.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Erik S. Olsen of Samuel Phillip Law Offices, LLC, Madison.

On behalf of the defendant-respondent, the cause was submitted on the briefs of Richard J. Carlson of Silton Seifert Carlson, SC, Appleton.

Before NEUBAUER, P.J., REILLY and GUNDRUM, JJ.

GUNDRUM, J.

¶ 1 This case requires us to decide whether Wisconsin's notice pleading and relation back statutes, respectively WIS. STAT. §§ 802.02(1) and 802.09 (2011-12),1 apply to special assessment appeals under WIS. STAT. § 66.0703 and, if so, whether those provisions save CED Properties LLC's otherwise untimely claim related to a special assessment levied against it by the City of Oshkosh. We conclude that

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