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ELKHORN SCH. DIST. v. E. TROY DIST.

No. 84-1948.

127 Wis.2d 25 (1985)

377 N.W.2d 627

ELKHORN AREA SCHOOL DISTRICT, Plaintiff-Appellant, v. EAST TROY COMMUNITY SCHOOL DISTRICT, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided October 9, 1985.

Attorney(s) appearing for the Case

For the plaintiff-appellant, the cause was submitted on the briefs of Lisle W. Blackbourn of Godfrey, Pfeil & Neshek, S.C., of Elkhorn.

For the defendant-respondent, the cause was submitted on the brief of Milton C. Konicek, of Konicek & Kaiser, S.C. of Burlington.

Before Scott, C.J., Brown, P.J., and Nettesheim, J.

BROWN, P.J.

In this case, a property tax was levied on land in the Elkhorn Area School District but paid to the East Troy Community School District which was not entitled to it. Although sec. 74.78, Stats., provides for recovery of taxes paid to the wrong school district, this court previously held that Elkhorn's claim under that statute was barred by lack of compliance with the notice of injury statute, sec. 893.80(1)(a), Stats. Elkhorn Area School District v...

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