CED Props., LLC v. City of Oshkosh

The City of Oshkosh levied special assessments against a corner lot property owned by CED Properties, LLC (“CED”). The City issued two special assessments, one for the portion of CED’s property bordering Jackson Street and one for the portion running alongside Murdock Avenue. CED appealed the special assessments by filing a complaint with the circuit court. CED then filed an amended complaint well past the ninety-day time limit to appeal. The circuit court granted partial summary judgment to the City, holding that CED failed to appeal the Jackson Street special assessment within the required ninety-day time limit. The court of appeals affirmed but on different grounds. The Supreme Court reversed, holding (1) CED’s original complaint, which was filed within the required ninety-day time period, was sufficient to appeal not only the Murdock Avenue special assessment but also the Jackson Street special assessment; and (2) CED’s complaint was sufficient to place the City on notice that CED intended to appeal both the Jackson Street and Murdock Avenue special assessments. View "CED Props., LLC v. City of Oshkosh" on Justia Law