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KOLLASCH v. ADAMANY

No. 79-1579.

99 Wis.2d 533 (1980)

299 N.W.2d 891

Sisters Mary Joanne KOLLASCH, Mary David Walgenbach, Mary Raphael Hilger, Mary Concepta Tritz, Mary Philomena Head, Mary Baptista Schlitz, Mary Camillus VanderVorde, Mary Grace Berzani, Mary Cora Marie Kessner, Mary Patricia Delaney, Mary Agatha Bermel, Mary Margaret Mary Finney, Mary Helen Goebel, Mary Martha Glaser, Mary Joyce Jungles, Mary Loretta Harvey, Mary Deniella Walgenbach, Mary Marian Siedschlag, Mary Sylvia Kimberly, and Sisters of St. Benedict of Madison, Wisconsin, a Wisconsin corporation, Plaintiffs-Appellants, v. David W. ADAMANY, Secretary of the Department of Revenue, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided November 24, 1980.

Attorney(s) appearing for the Case

For the plaintiffs-appellants there were briefs by Trayton L. Lathrop, Gerald C. Kops, Michael J. Lawton and Michael H. Barton and Isaksen, Lathrop, Esch, Hart & Clark and oral argument by Trayton L. Lathrop.

For the defendant-respondent there was a brief by Bronson C. La Follette, attorney general, and John E. Armstrong, assistant attorney general, and oral argument by John E. Armstrong, assistant attorney general.

Before Gartzke, P.J., Bablitch, J. and Dykman, J.

DYKMAN, J.

The individual plaintiffs in this action are members of a monastic community of Roman Catholic women known as a priory. The sisters make their facilities1 available to individuals and groups for retreats or for use as a meeting place. The issue they raise is whether the fee which they charge for meals served to those who visit the premises is subject to Wisconsin's sales tax. In order...

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