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WISCONSIN ELECTRIC P. CO. v. DEPT. OF REVENUE

No. 182.

59 Wis.2d 106 (1973)

207 N.W.2d 841

WISCONSIN ELECTRIC POWER COMPANY, Respondent, v. DEPARTMENT OF REVENUE, Appellant.

Supreme Court of Wisconsin.

Decided June 5, 1973.

Attorney(s) appearing for the Case

For the appellant there were brief by Robert W. Warren, attorney general, and E. Weston Wood and Allan P. Hubbard. assistants attorneys general, and oral argument by Sverre O. Tinglum, assistant attorney general.

For the respondent there was a brief by A. William Finke, James D. Zakrajsheck and Carol A. Curran, attorneys, and Robert H. Gorske and Quarles, Herriott, Clemons, Teschner & Noelke of counsel, all of Milwaukee, and oral argument by Mr. Finke and Mr. Gorske.

HEFFERNAN, J.

The recitation of the facts points out that, prior to the passage of ch. 206, Laws of 1969, property owners subject to the general property tax were exempt from assessment and taxation on certain air and water pollution-abatement property associated with the production of income. That exemption statute, sec. 70.11 (21) (a), Stats., applied only to property subject to the general property tax, and not to public utilities, which are taxed on the basis...

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