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FONTANA v. VILLAGE OF FONTANA-ON-GENEVA LAKE

No. 81-654.

107 Wis.2d 226 (1982)

319 N.W.2d 900

Marina FONTANA, a limited partnership, Marina Fontana, Inc., a corporation and ABKA, an Illinois general partnership, Plaintiffs-Respondents, v. VILLAGE OF FONTANA-ON-GENEVA LAKE, a municipal corporation, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided March 25, 1982.

Attorney(s) appearing for the Case

For the defendant-appellant the cause was submitted on the brief of Robert D. Sundby of DeWitt, Sundby, Huggett & Schumacher, S.C. of Madison.

For the plaintiffs-respondents the cause was submitted on the brief of John L. Maier, Jr. of Greenwald, Maier & Newton, P.C. of Rockford, Illinois.

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

SCOTT, J.

This is an appeal from a judgment granting a refund for property taxes levied in 1972. The trial court held that the assessment was void because the assessor failed to consider the best information he could practicably obtain; specifically, the actual costs of construction of a new addition. The court then determined the proper amount of reassessment based on a subsequent sale of the property. We conclude that the trial court properly decided the original...

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