Hildebrand v. Town of Menasha

¶ 1. The Town of Menasha appeals from the circuit court's final judgment holding that the Town could not legally assess David and Susan Hildebrands' commercial property for the cost of installing a portion of asphalt trail which abuts the property. Because the special assessment imposed upon the Hildebrands did not constitute a valid and enforceable exercise of the Town's police power under Wis. Stat. § 66.0703 (2009-10),1 we affirm.

*264 Law

¶ 2. Wisconsin Stat. § 66.0703(l)(a) provides that a municipality may levy and collect special assessments upon property when special benefits are conferred…