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STATE EX REL. FOUNTAIN v. CITY OF GREEN BAY

No. 81-812.

105 Wis.2d 699 (1981)

314 N.W.2d 904

STATE EX REL. David H. FOUNTAIN, Cletus G. Glaser, Gerald M. Vande Loo and Sylvester J. Kaster, Petitioners-Respondents, v. CITY OF GREEN BAY, a municipal corporation, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided December 22, 1981.

Attorney(s) appearing for the Case

For the appellant the cause was submitted on the brief of James A. Simmonds, city attorney, and Mark A. Warpinski, assistant city attorney, of Green Bay.

For the respondents the cause was submitted on the brief of Davis, Soquet, Cherney & Wanezek of Green Bay.

Before Foley, P.J., Dean and Cane, JJ.

CANE, J.

The City of Green Bay appeals from a circuit court order setting aside a board of review tax assessment. The city assessor determined that David Fountain's property should have been assessed at $150,600 for the 1979 tax year. By an error in computation, the 1978 and 1979 assessments were $55,600. Relying upon sec. 70.43, Stats., Green Bay assessed the property in 1980 at $150,600, plus $95,000. The $95,000 addition...

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