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MILWAUKEE v. MILWAUKEE CIVIC DEVELOPMENTS

No. 545 (1974).

71 Wis.2d 647 (1976)

239 N.W.2d 44

CITY OF MILWAUKEE, a municipal corporation, Plaintiff-Respondent, v. MILWAUKEE CIVIC DEVELOPMENTS, INC., a Wisconsin corporation, Defendant-Appellant.

Supreme Court of Wisconsin.

Decided March 2, 1976.

Attorney(s) appearing for the Case

For the appellant the cause was submitted on the briefs of James G. Doyle, James A. Baxter and Schellinger & Doyle, S. C. of Milwaukee.

For the respondent the cause was submitted on the brief of James B. Brennan, city attorney, and Maurice L. Markey, assistant city attorney.

HANLEY, J.

The following issues are presented on this appeal:

1. Are the requested damages for increased costs and lost rents an incidental remedy to the principal equitable relief sought, and as such, is the claim filing requirement of sec. 62.25, Stats., inapplicable?

2. Is sec. 62.25, Stats., inapplicable to counterclaims responsive to the suit commenced by a political subdivision?

3. Was the sec. 62.25, Stats., requirement fulfilled by...

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