HomeMy WebLinkAbout07A. 22-455NOVEMBER 9, 2022 22-455 RESOLUTION
(CARRIED 7-0 LOST LAID OVER WITHDRAWN )
PURPOSE: DISALLOWANCE OF CLAIM BY DENNIS WINN
INITIATED BY: LEGAL DEPARTMENT
WHEREAS, the following claim has been referred to the City's insurance carrier
which has recommended disallowance.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Oshkosh that the proper City officials are hereby authorized and directed to disallow the
following claim against the City of Oshkosh:
Dennis Winn DATE OF LOSS: unknown -1992
(for alleged overpayment of sewer and water assessments)
BE IT FURTHER RESOLVED that the City Clerk is hereby directed to inform the
claimant by certified mail of the disallowance and the fact that the claimant has six
months from the date of service to appeal.
BE IT FURTHER RESOLVED that the City Clerk is directed to send a copy of this
resolution and notice of disallowance to the appropriate insurance carrier for the City of
Oshkosh.
City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 http://www.ci.oshkosh.wi.us
TO: Honorable Mayor and Members of the Common Council
FROM: Lynn Lorenson
DATE: November 4, 2022
RE: Disallowance of Claim by Dennis Winn
BACKGROUND
On or around October 10, 2022, Dennis Winn filed a Notice of Claim with the Clerk’s Office in
relation to alleged overpaid sewer and water assessments. Mr. Winn alleges that certain
assessments were levied in 1992 for sanitary sewer and water main installed on South Washburn
Street, now Planeview Road. Mr. Winn believes he paid an amount of $72,000.00 “plus” in
assessments that should not have been assessed against his property. Mr. Winn alleges he only
recently discovered that he had been assessed for costs related to a parcel or parcels he did not
own.
ANALYSIS
The special assessment was levied pursuant to Wisconsin Statutes which provide that any
person wishing to challenge a special assessment must do so within 90 days after the date of
notice or the publication of the final resolution. That deadline would have expired in 1992,
making Mr. Winn’s claim time-barred under the statutes.
The City has tendered the defense of this claim to its insurance provider, Statewide Services Inc.
Statewide has retained Attorney Ryan Braithwaite to handle the matter who has recommended
denial of the claim.
RECOMMENDATION
I recommend disallowance of the claim.
Respectfully Submitted, Approved:
Lynn Lorenson, City Attorney Mark A. Rohloff, City Manager