Hardy v. City of Waukesha
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Wauke-sha county: MartiN L. Lueck, Circuit Judge. This is an agreed case submitted to the circuit court for Waukesha county under the provisions of sec. 2788, Stats. (1898). The material facts are that the city of Wa/ulcesha proceeded under sec. 175 of the general city charter law (sec. 925 — 175, Stats. 1898) to improve one of its streets called North street.
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Appeal from a judgment of the circuit court for Wauke-sha county: MartiN L. Lueck, Circuit Judge. This is an agreed case submitted to the circuit court for Waukesha county under the provisions of sec. 2788, Stats. (1898). The material facts are that the city of Wa/ulcesha proceeded under sec. 175 of the general city charter law (sec. 925 — 175, Stats. 1898) to improve one of its streets called North street. By proper proceedings the city estimated the total cost of the improvement at the sum of $10,162.45, assessed benefits upon adjoining property to the amount of $8,365, and decided that the…
1Opinion of the CourtWiNsnow, C. J.
It seems plain to us that tbe trial court decided this case rightly. Tbe law does not contemplate that property owners shall pay anything exceeding tbe expense of tbe improvement, nor that tbe city shall make money out of tbe assessments. It is tbe “expense” of tbe work which by *279see. 925 — -175, Stats. (1898), may be assessed .against real estate benefited by tbe improvement. True, tbe assessment is to be made in advance of tbe performance of tbe work and must be based on an estimate of cost. Hence, if tbe estimate be greater tban tbe cost proves to be, bssessments will exceed tbe cost, as in…
2Cited by6 opinions
- Bekkedal v. City of ViroquaWisconsin Supreme Court · 1924
- City of Los Angeles v. OffnerCalifornia Supreme Court · 1961
- Nelson v. City of WaukeshaWisconsin Supreme Court · 1911
- City of Los Angeles v. OffnerCalifornia Supreme Court · 1961
- Warner v. City of AshlandWisconsin Supreme Court · 1913
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