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WAUKESHA DEVELOPMENT CORP. v. WAUKESHA

10 Wis.2d 621 (1960)

WAUKESHA DEVELOPMENT CORPORATION, Appellant, v. CITY OF WAUKESHA, Respondent.

Supreme Court of Wisconsin.

June 7, 1960.

Attorney(s) appearing for the Case

For the appellant the cause was submitted on the brief of James D'Amato of Waukesha.

For the respondent there was a brief by William G. Callow, city attorney, and oral argument by William C. Lawler, special assistant city attorney.

MARTIN, C. J.

Sec. 74.73 (1), Stats., provides, so far as material:

"Any person aggrieved by the levy and collection of any unlawful tax assessed against him may file a claim therefor against the . . . city, . . . which collected such tax in the manner prescribed by law for filing claims in other cases, and if it shall appear that the tax for which such claim was filed or any part thereof is unlawful and that all conditions prescribed by law for the recovery...

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