Legal Opinion

Steinbach v. Green Lake Sanitary District

Wisconsin Supreme Court

Decided June 6, 2006No. 2003AP2245PublishedCited by 15 opinions

1Opinion of the CourtPatience Drake Roggensack, J.

¶ 1. 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 basis because: (1) there is no nexus between the availability charge assessed against the Petitioners and the District's recovery of "the capital cost to [it] to provide sanitary sewer service to…

2Cases cited16 opinions

  1. Mullins v. City of El DoradoSupreme Court of Kansas · 1968
  2. Schulenberg v. City of ReadingSupreme Court of Kansas · 1966
  3. Fort Howard Paper Co. v. Fox River Heights Sanitary DistrictWisconsin Supreme Court · 1947
  4. In Re Installation of Storm Sewers, Etc.Wisconsin Supreme Court · 1977
  5. Genrich v. City of Rice LakeCourt of Appeals of Wisconsin · 2003

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3Cited by15 opinions

  1. Phelps v. Physicians InsuranceWisconsin Supreme Court · 2009
  2. State v. PinkardWisconsin Supreme Court · 2010
  3. CED Properties, LLC v. City of OshkoshWisconsin Supreme Court · 2018
  4. Emjay Investment Co. v. Village of GermantownWisconsin Supreme Court · 2011
  5. Park Avenue Plaza v. City of MequonCourt of Appeals of Wisconsin · 2008

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