Genrich V. City Of Rice Lake

¶1. The City of Rice Lake levied a $44,612.25 special assessment against property owned by William and Frances Genrich. The assessment was for improvements the City made that included paving a street and installing sidewalks, curbs, gutters, and water and storm sewers. The Genrichs challenged the assessment and the circuit court granted summary judgment to the City. The Genrichs appeal, arguing (1) the circuit court must first determine whether the nature of improvements is general or local before it considers the propriety of the special assessment, (2) the City's purpose for making the improvement determines its nature, and (3) there are genuine issues of material fact regarding the City's purpose for constructing the improvement. In the alternative, even if the improvement is local, they argue that the assessment was not made on a reasonable basis because their property did not receive any benefits.