CED Properties, LLC v. City of Oshkosh
Annotate this CaseThe Supreme Court reversed the decision of the court of appeals affirming the circuit court’s grant of summary judgment in favor of the City of Oshkosh in this action challenging the special assessment imposed by the City following the reconfiguration of a traditional traffic light intersection into a roundabout. The Court held (1) the term “special benefits” in Wisconsin’s eminent domain statute has the same meaning in Wisconsin’s special assessment statute, and the City’s admission that special benefits are non-existent in the context of an earlier eminent domain proceeding constitutes relevant evidence in a later challenge to the special assessment; and (2) the court of appeals erred in concluding that Plaintiff failed to overcome the presumption of correctness afforded the City’s special assessment and to establish sufficient genuine issues of material fact. The Court remanded the case to the circuit court for a trial.
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