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BLUE TOP MOTEL, INC. v. CITY OF STEVENS PT.

No. 81-1096.

107 Wis.2d 392 (1982)

320 N.W.2d 172

BLUE TOP MOTEL, INC., Ronald McCord and James McCord, d/b/a Traveller Motel; Point Motel, Inc., Roadstar Inn Motel of Stevens Point, Inc., and Zenoff Inns, Inc., Plaintiffs-Appellants, v. CITY OF STEVENS POINT, Defendant-Respondent.

Supreme Court of Wisconsin.

Decided June 2, 1982.

Attorney(s) appearing for the Case

For the plaintiffs-appellants there were briefs by Tinkham, Smith, Bliss, Patterson, Richards & Hessert and oral argument by George A. Richards, all of Wausau.

For the defendant-respondent there was a brief and oral argument by Louis J. Molepske, city attorney.

For the attorney general the cause was argued by Robert J. Vergeront, assistant attorney general, with whom on the brief was Bronson C. La Follette, attorney general.

On certification from court of appeals.

BEILFUSS, C.J.

This is an appeal from an order of the circuit court for Portage county, ROBERT C. JENKINS, Circuit Judge, which dismissed the plaintiffs' declaratory judgment action. The plaintiffs are hotel and motel owners in Stevens Point, Wisconsin, who sought a declaration that a city ordinance, which imposed a tax on the privilege of furnishing rooms and lodging, was invalid. The court of appeals certified the...

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