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GEIS v. CITY OF FOND DU LAC

No. 86-1790.

140 Wis.2d 205 (1987)

409 N.W.2d 148

Leo GEIS and Ruth A. Geis and Ready Mixed Concrete, Inc., Plaintiffs-Respondents, v. CITY OF FOND DU LAC and Wisconsin Department of Revenue, Defendants-Appellants.

Court of Appeals of Wisconsin.

Decided May 20, 1987.

Attorney(s) appearing for the Case

For the defendants-appellants the cause was submitted on the briefs of Bronson C. La Follette, attorney general and William H. Wilker, assistant attorney general, attorneys for Wisconsin Department of Revenue, and Frank John Endejan, attorney for City of Fond du Lac.

For the plaintiffs-respondents the cause was submitted on the brief of Douglas J. Ondrasek of Edgarton, Ondrasek, Hobbs, Petak & Massey of Fond du Lac.

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

SCOTT, C.J.

The City of Fond du Lac (city) and the Wisconsin Department of Revenue (department) appeal a circuit court judgment designating certain property belonging to Leo and Ruth Geis and Ready Mixed Concrete, Inc. (collectively, Ready Mix) taxexempt under sec. 70.11(27), Stats. Ready Mix brought an action seeking a restraining order and a refund of taxes paid to the city of Fond du Lac from 1979 to 1982. The city and the department contend that the Ready Mix...

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