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GRALL v. BUGHER

No. 92-2855.

193 Wis.2d 65 (1995)

532 N.W.2d 122

John GRALL, Steven Cridelich and Kimberly Cridelich, on behalf of themselves and all others similarly situated, Plaintiffs-Appellants-Petitioners, v. Mark BUGHER, Director of the Wisconsin Department of Revenue, on behalf of themselves and all others similarly situated, Defendants-Respondents.

Supreme Court of Wisconsin.

Decided May 23, 1995.

Attorney(s) appearing for the Case

For the plaintiffs-appellants-petitioners there were briefs by Charles Barnhill, Sarah Siskind and Davis, Miner, Barnhill & Galland, Madison and oral argument by Charles Barnhill.

For the defendants-respondents the cause was argued by Gerald S. Wilcox, assistant attorney general, with whom on the brief was James E. Doyle, attorney general.

WILLIAM A. BABLITCH, J.

John Grall, Steven Cridelich and Kimberly Cridelich (taxpayers) sued Mark Bugher in his official capacity as Director of the Wisconsin Department of Revenue (Department) claiming that the "manufacturer's rebate" they received in connection with their new automobile purchases should not have been subject to the five percent sales tax. They sought a refund together with injunctive and declaratory relief under 42 U.S.C. sec. 1983.

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