Special Assessments

By: Derek Hawkins//January 25, 2017//

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WI Court of Appeals – District II

Case Name: CED Properties, LLC v. City of Oshkosh

Case No.: 2016AP474

Officials: Neubauer, C.J., Reilly, P.J., and Gundrum, J

Focus: Special Assessments

The City of Oshkosh levied special assessments against CED Properties, LLC (CED) for installation of a roundabout intersection and related improvements pursuant to the City’s police power. CED challenged the special assessments on the grounds that (1) the City was foreclosed from assessing “special benefits” to its property where it failed to allege special benefits in an earlier condemnation action and (2) a genuine issue of material fact remains as to whether its property incurred any special benefits. We affirm the circuit court’s grant of summary judgment to the City.

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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