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FRED RUEPING LEATHER CO. v. CITY OF FOND DU LAC

No. 80-032.

99 Wis.2d 1 (1980)

298 N.W.2d 227

FRED RUEPING LEATHER COMPANY, a Wisconsin corporation; Tolibia Cheese, Inc., a Wisconsin corporation; and Borden, Inc., a foreign corporation, Plaintiffs-Respondents, v. CITY OF FOND DU LAC, a municipal corporation, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided September 16, 1980.

Attorney(s) appearing for the Case

For the defendant-appellant there was a brief by John M. Keefe, city attorney, of Fond du Lac.

For the plaintiffs-respondents there was a brief by John E. Knight and Walter Kuhlmann of Boardman, Suhr, Curry & Field of Madison. Of counsel were A. L. Edgarton and A. D. Edgarton of Edgarton & Hobbs of Fond du Lac.

Before Voss, P.J., Brown and Scott, J.J.

VOSS, P.J.

This is an appeal from a decision of the circuit court for Fond du Lac county where upon cross-motions for summary judgment the court found in favor of plaintiffs. The City raises the following issues on appeal: (1) Is the "in lieu of tax" charge an allowable method of sewerage treatment cost recovery under sec. 66.076 (4), Stats.? (2) Does the statutory framework of ch. 66, Stats., support the City's contention that the "in lieu of tax" charge is a proper...

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