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WM. J. KENNEDY & SON, INC. v. TOWN OF ALBANY

No. 346.

66 Wis.2d 447 (1975)

225 N.W.2d 624

WM. J. KENNEDY & SON, INC., Respondent, v. TOWN OF ALBANY, Appellant.

Supreme Court of Wisconsin.

Decided February 4, 1975.

Attorney(s) appearing for the Case

For the appellant there was a brief by Walter H. Erbach and Voss, Nesson & Koberstein, S. C., all of Madison, and oral argument by Mr. Erbach.

For the respondent there was a brief by James R. Gripe and Nowlan, Mouat, Lovejoy, Wood & Cripe, all of Janesville, and oral argument by James R. Gripe.

HEFFERNAN, J.

This appeal requires the determination of whether the town of Albany was the proper tax district for the assessment of property taxes on a movable bituminous plant which was physically present in the town during most of the tax year of 1970. We conclude that the trial judge correctly held that the personal property had no fixed location in the town and was not customarily kept there, and that the assessment could only be made by the district where the...

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