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ELKHORN SCHOOL DIST. v. EAST TROY SCHOOL DIST.

No. 81-2399.

110 Wis.2d 1 (1982)

327 N.W.2d 206

ELKHORN AREA SCHOOL DISTRICT, Plaintiff-Appellant, v. EAST TROY COMMUNITY SCHOOL DISTRICT, Defendant and Third-Party Plaintiff-Respondent, Patricia SCHOEN, Clerk, Town of LaGrange, Walworth County, Wisconsin, and Town of LaGrange, Walworth County, Wisconsin, Third-Party Defendants.

Court of Appeals of Wisconsin.

Decided November 23, 1982.

Attorney(s) appearing for the Case

For the plaintiff-appellant there was a brief submitted by Robert V. Conover of Godfrey, Pfeil & Neshek, S.C. of Elkhorn. Oral argument by Robert V. Conover.

For the defendant and third-party plaintiff-respondent there was a brief submitted by Milton C. Konicek of Konicek Law Offices, S.C. of Burlington. Oral argument by Milton C. Konicek.

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

SCOTT, J.

Elkhorn Area School District (Elkhorn) appeals from the dismissal of its complaint against East Troy Community School District (East Troy). Elkhorn had sought to recover property taxes that were owing to Elkhorn but were erroneously paid to East Troy. The issues on appeal are whether Elkhorn has a right to recover its tax revenue under sec. 74.78, Stats., and whether Elkhorn's claim is barred for failure to comply with the limitations in sec. 893.80(1) ...

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