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ASH REALTY CORP. v. MILWAUKEE

25 Wis.2d 169 (1964)

ASH REALTY CORPORATION, Plaintiff and Appellant, v. CITY OF MILWAUKEE, Defendant: VILLAGE OF BROWN DEER, Defendant and Respondent.

Supreme Court of Wisconsin.

October 6, 1964.

Attorney(s) appearing for the Case

For the appellant there were briefs by Whyte, Hirschboeck, Minahan, Harding & Harland, attorneys, and Richard P. Buellesbach and Richard D. Silberman of counsel, all of Milwaukee, and oral argument by Mr. Buellesbach.

For the respondent there was a brief and oral argument by Harold H. Fuhrman of Milwaukee.

A brief amicus curiae was filed by Julian Bradbury of Madison, for the League of Wisconsin Municipalities.

HEFFERNAN, J.

Ash Realty's complaint states that the tax was paid under protest to the village of Brown Deer and to Milwaukee and that the plaintiff is unable to determine respective claims of Brown Deer and Milwaukee. Ash Realty's complaint states only what would constitute a cause of action under sec. 74.73 (1), Stats. That statute reads:

"Any person aggrieved by the levy and collection of any unlawful tax assessed against him may file a claim therefor against...

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