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SIGMA TAU GAMMA FRATERNITY HOUSE v. MENOMONIE

No. 79-440.

93 Wis.2d 392 (1980)

288 N.W.2d 85

SIGMA TAU GAMMA FRATERNITY HOUSE CORPORATION, Plaintiff-Appellant, v. CITY OF MENOMONIE, Defendant-Respondent.

Supreme Court of Wisconsin.

Decided January 15, 1980.

Attorney(s) appearing for the Case

For the appellant there were briefs by Hugh R. Braun and Godfrey & Trump of Milwaukee, and oral argument by Mr. Braun.

For the respondent there was a brief and oral argument by Phillip M. Steans, assistant city attorney.

Brief of the attorney general was filed by Bronson C. La Follette, attorney general, and Charles A. Bleck, assistant attorney general.

Brief amicus curiae was filed by Burt Natkins of Madison, for The League of Wisconsin Municipalities.

[1]

BEILFUSS, C.J.

This is an appeal by the plaintiff, Sigma Tau Gamma Fraternity House Corporation, from a judgment dismissing its complaint against the defendant, City of Menomonie, brought under ch. 32, Stats. The complaint challenged the right of the city to condemn its property. The plaintiff contends the condemnation is not authorized by the terms of sec. 66.46, Stats., the Tax Increment Law, and further asserts the Tax Increment Law is...

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