Davy Engineering Co. v. Clerk of Town of Mentor

The Clerk of the Town of Mentor (Clerk) and the Town of Mentor (Town) appeal from a judgment granting declaratory judgment and a writ of mandamus to Davy Engineering Company. The first issue is whether § 66.09, Stats., allows a town clerk to *747impose more than two levies when assessing an amount owed on a judgment.1 We conclude that the language of § 66.09 requires a subsequent levy when the town clerk fails to assess the full judgment amount in the first levy. The second issue is whether, under existing case law, Davy Engineering was entitled to a writ of mandamus ordering the Clerk to impose…