(DOWNLOAD) "Steinbach v. Green Lake Sanitary District" by Supreme Court of Wyoming * Book PDF Kindle ePub Free
eBook details
- Title: Steinbach v. Green Lake Sanitary District
- Author : Supreme Court of Wyoming
- Release Date : January 06, 2006
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 82 KB
Description
1 This case requires us to decide whether a special assessment levied against 18 condominium owners (Petitioners) by the Green Lake Sanitary District (the District) to finance a sanitary sewer system was reasonable. We conclude that the sewer system benefited the Petitioners property. However, we also conclude that one portion of the assessment, the availability charge, lacked a reasonable basis because: (1) there is no nexus between the availability charge assessed against the Petitioners and the Districts recovery of "the capital cost to [it] to provide sanitary sewer service to individual lots, including the installation of a lateral stub from the sewer main to each lot"; (2) other lots that have multiple habitable units and were provided the same sewer service through one four-inch stub, as were the Petitioners, were assessed only one availability charge; and (3) there is no showing that the Petitioners received a greater benefit than was provided to other lots that were affected by the sewer extension. Therefore, the availability charge was not levied uniformly and imposed an inequitable cost burden on the Petitioners as compared with the benefit accruing to them and to all benefited properties. Accordingly, we reverse the court of appeals decision and remand to the circuit court.