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STATE EX REL. LA FOLLETTE v. TORPHY

No. 77-860.

85 Wis.2d 94 (1978)

270 N.W.2d 187

STATE EX REL. LA FOLLETTE, Attorney General, Petitioner, v. TORPHY, Secretary, Wisconsin Department of Administration, Respondent.

Supreme Court of Wisconsin.

Decided October 3, 1978.

Attorney(s) appearing for the Case

For the petitioner the cause was argued by Allan P. Hubbard, assistant attorney general, with whom on the brief was Bronson C. La Follette, attorney general.

For the respondent there was a brief by Howard A. Sweet, Robert E. Chritton and La Follette, Sinykin, Anderson & Munson of Madison, and oral argument by Mr. Sweet.

HANSEN, J.

The enactments place the responsibility for the administration of the Improvements Tax Relief law with the Secretary of the Wisconsin Department of Revenue, Dennis J. Conta. In this capacity, he requested the Secretary of the Department of Administration, John Torphy, for an allotment of funds to administer the law.

Torphy refused to honor the request because he had been advised by counsel that the law was in violation of the uniformity of taxation...

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