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ASSOCIATED HOSPITAL SERVICE v. MILWAUKEE

18 Wis.2d 183 (1962)

ASSOCIATED HOSPITAL SERVICE, INC., Respondent, v. CITY OF MILWAUKEE, Appellant. [Two cases.]

Supreme Court of Wisconsin.

November 27, 1962.

Attorney(s) appearing for the Case

For the appellant there was a brief by John J. Fleming, city attorney, and Ewald L. Moerke, Jr., and Harvey G. Odenbrett, assistant city attorneys, and oral argument by Mr. Moerke and Mr. Odenbrett.

For the respondent there was a brief by Foley, Capwell, Duersten & Foley of Racine, attorneys, and Walter H. Bender of Milwaukee of counsel, and oral argument by Mr. Rex Capwell and Mr. Bender.

BROWN, C. J.

The issue raised on appeal is whether a municipality must pay interest on a refund of real and personal-property taxes which were illegally assessed and were paid under protest.

The legislature, by enacting sec. 62.11 (5), Stats., empowered municipalities to levy taxes. The city of Milwaukee adopted this statutory grant in 1934 by enacting sec. 6.04 of the Milwaukee city charter. The legislature has also provided for the refunding of taxes illegally...

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