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CHICAGO, M., ST. P. & P. RR. CO. v. MILWAUKEE

Nos. 273, 274.

47 Wis.2d 88 (1970)

176 N.W.2d 580

CHICAGO, MILWAUKEE, ST. PAUL & PACIFIC RAILROAD COMPANY, Respondent, v. CITY OF MILWAUKEE and others, Appellants. [Two appeals.]

Supreme Court of Wisconsin.

Decided May 1, 1970.

Attorney(s) appearing for the Case

For the appellants there were briefs by John J. Fleming, city attorney, and Maurice L. Markey, assistant city attorney, and oral argument by Mr. Markey.

For the respondent there was a brief by Godfrey, Trump & Davidson, attorneys, and Richard R. Robinson of counsel, all of Milwaukee, and oral argument by Mr. Robinson.

BEILFUSS, J.

The issues are:

(1) Did the trial court err in concluding the freight houses are necessarily used in the operation of the railroad business thus exempting them from local property taxes?

(2) Did the trial court err in awarding interest from the date of payment of taxes rather than the date of claim?

It should be first noted that this is not a tax exemption case where the issue is tax or no tax and the tax statute is to be strictly...

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