Legal Question in Real Estate Law in Wisconsin

planned street improvements not wanted - injuction???

Our street is being improved this summer. The city is putting in new curbs at a cost to us of almost $3,000. We just found out about this thru a public notice letter. City wants it's payment in October (3 months from now) or will charge us interest to spread it into 8 payments. We don't have this extra money to pay for this just laying around and would be an extreme hardship on us. There is a public meeting on 6/28/04 which we will be going to to express our concerns and state that we do not want curbs put it. I am guessing that we can't refuse the curbs since there is a city easement on our property but we still have to pay for them?? That's just not right. Is there anything we can do to stop the city from just walking all over us and spending our hard earned money on street curbs that we don't want? If we had extra money to spend on our property we would put in new windows or replace the roof, something that we would get our money out of if we sold our home. If it came down to it can we get an injunction to stop the city from putting curbs on our property?


Asked on 6/18/04, 4:03 pm

2 Answers from Attorneys
JAY Nixon nixon law offices

Re: planned street improvements not wanted - injuction???

Your best remedy is probably political. Circulate a petition on your street against the improvements, and then speak with your alderman and mayor about the petition when you present it to them. If they refuse to listen, threaten to run against them in the next election, and, if you are really serious, follow through on your threat. Another option might be to request an extension on time to pay, since eight payments is a faster than normal payoff period for a special assessment of this magnitude. Short of these options, I suspect that there is really nothing you can do, assuming that the governing body followed all required procedures. If they did not follow procedure, you may have a right to sue.

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Answered on 6/21/04, 7:59 pm
Thomas Schober Schober Schober & Mitchell, S.C.

Re: planned street improvements not wanted - injuction???

You can appear at your municipality's meetings to voice your opinion and contact your alderman and mayor. If the items are still approved, you must pay for them. That is the way the democratic system works.

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Answered on 6/18/04, 4:26 pm


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