Steinbach v. Green Lake Sanitary District

¶ 32. {concurring). I agree with the majority opinion that the *35matter must be remanded to the circuit court. I write separately for two reasons: (1) the majority opinion lost its way in its analysis of the validity of the assessment charge, and (2) I disagree with the instructions on remand to the circuit court.

I I

¶ 33. The Green Lake Sanitary District's power to levy special assessments is governed by Wis. Stat. § 66.0703.1 Our case law requires a reviewing court to consider three factors in determining whether an assessment in the exercise of the police power has a *36"reasonable basis:" (A)…