By: WISCONSIN LAW JOURNAL STAFF//September 3, 2014//
Wisconsin Court of Appeals
Civil
Property – special assessments
Yankee Hill Housing Partners appeals the order granting the City of Milwaukee’s motion to dismiss Yankee Hill’s claim to recover special assessments wrongfully imposed by the City from 2005 to 2011. The trial court dismissed Yankee Hill’s claim on the basis that the factors outlined in Nesbitt Farms, LLC v. City of Madison, 2003 WI App 122, 265 Wis. 2d 422, 665 N.W.2d 379, weighed in favor of imposing the Wis. Stat. § 893.80(1d) (2011-12) notice of claim requirement, with which Yankee Hill had failed to comply. Because we conclude that neither § 893.80(1d) nor any statute of limitations bars Yankee Hill’s claim, and because it is undisputed that Yankee Hill is exclusively a residential property that was charged business improvement district (“BID”) special assessments contrary to Wis. Stat. § 66.1109(5)(a) during the years in question, we reverse the order dismissing the case in the City’s favor and instead grant summary judgment to Yankee Hill. Not recommended for publication in the official reports.
2014AP183 Yankee Hill Housing Partners v. City of Milwaukee
Dist I, Milwaukee County, Guolee, J., Curley, P.J.
Attorneys: For Appellant: McGinnity, Maureen A., Milwaukee; Hatchell, Eric, Madison; For Respondent: Quinn, Christine M., Greendale