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STATE EX REL. HENSEL v. TOWN OF WILSON

No. 294.

55 Wis.2d 101 (1972)

197 N.W.2d 794

STATE EX REL. HENSEL and wife, Plaintiffs: SCOTTY SMITH CONSTRUCTION COMPANY, Appellant, v. TOWN OF WILSON and others, Respondents.

Supreme Court of Wisconsin.

Decided June 6, 1972.

Attorney(s) appearing for the Case

For the appellant there was a brief by Miller, Hayes & Werner, S.C., of Sheboygan, and oral argument by Anthony Werner.

For the respondents there was a brief by Walter, Hopp & Hodson of Sheboygan, and oral argument by Alexander Hopp.

WILKIE, J.

One issue is presented by this appeal: Is the 1969 assessment discriminatory and invalid because the board of review failed to consider the value of comparable property?

In setting aside the 1968 assessment the trial court aptly stated:

"Since the 1968 assessment has now been brought before us twice and we have been unable to affirm it, it is perhaps proper for us to state that unless the assessment of this property for the year 1968 approximates...

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