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RACINE MARINA ASSOCIATES v. CITY OF RACINE

Nos. 92-2214, 92-3162.

175 Wis.2d 614 (1993)

499 N.W.2d 715

RACINE MARINA ASSOCIATES, INC., a Wisconsin corporation, Plaintiff-Respondent, Thomas BOLDUS, Stafford Crossland, Marshall Cushman, Dennis Gambel, Craig Jones, Joseph Kivlin, David Nearing, William Rohan, Lois Smith, William Struve, Gary Veenstra and others, Plaintiffs-Intervenors v. CITY OF RACINE, a municipal corporation, and Board of Harbor Commissioners of the City of Racine, a Commission/Agency of the City of Racine, Defendants-Appellants.

Court of Appeals of Wisconsin.

Decided March 31, 1993.

Attorney(s) appearing for the Case

On behalf of defendants-appellants, the cause was submitted on the briefs of Joseph E. Boyle, city attorney.

On behalf of respondent, the cause was submitted on the brief of Wesley R. Mueckler, of Riegelman, Kreul & Mueckler, S.C. of Racine.

Before Nettesheim, P.J., Anderson and Snyder, JJ.

ANDERSON, J.

The city of Racine and the Board of Harbor Commissioners of the City of Racine appeal from a grant of summary judgment to Racine Marina Associates, Inc. (RMA), which invalidated certain fees collected by the board from RMA. The board and city argue that the board has the authority under sec. 30.38, Stats. (1989-90),1 to impose user fees on boat slip owners. Because we hold that...

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