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COUNTRY MEADOWS WEST v. VILLAGE OF GERMANTOWN

No. 99-1291.

237 Wis.2d 290 (2000)

2000 WI App 127

614 N.W.2d 498

COUNTRY MEADOWS WEST PARTNERSHIP, Plaintiff-Respondent, v. VILLAGE OF GERMANTOWN, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided May 3, 2000.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Charles H. Bohl, Kathryn M. West and Elizabeth M. Estes of Whyte, Hirschboeck, Dudek, S.C. of Milwaukee.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Gary A. Ahrens and Sara Purtell Scullen of Michael, Best & Friedrich, LLP of Milwaukee.

Before Nettesheim, Anderson and Snyder, JJ.

¶ 1. SNYDER, J.

The Village of Germantown appeals from a judgment and an order enjoining the Village from assessing impact fees on subdivision lots created by Country Meadows West Partnership (Country Meadows) and requiring the Village to refund fees Country Meadows paid as a condition for receiving building permits on those lots. The Village argues that the circuit court's ruling unlawfully impeded its municipal authority to assess impact fees upon developers...

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