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BISCHOFF v. APPLETON

No. 75-510.

81 Wis.2d 612 (1978)

260 N.W.2d 773

BISCHOFF, and another, Plaintiffs-Appellants, v. CITY OF APPLETON, Defendant-Respondent.

Supreme Court of Wisconsin.

Decided January 3, 1978.

Attorney(s) appearing for the Case

For the appellants the cause was submitted on the brief of Gregory Gramling, Jr., of Milwaukee.

For the respondent the cause was submitted on the brief of David G. Geenen, city attorney.

ROBERT W. HANSEN, J.

Two sections of the same statute, sec. 74.73, entitled Recovery of illegal taxes plus interest; limitation, are involved in this appeal.

The defendant city claims and the trial court agreed that this cause of action is statutorily barred under sec. 74.73(4), Stats., which provides that:

"No claim shall be filed and no action shall be brought under this section which is based upon an allegedly excessive assessment...

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