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CHAMPEAU v. CITY OF MILWAUKEE

No. 01-2060.

252 Wis.2d 604 (2002)

2002 WI App 79

642 N.W.2d 634

IN RE the RETURN OF PROPERTY: Thomas D. CHAMPEAU, Petitioner-Respondent, v. CITY OF MILWAUKEE, Respondent-Appellant.

Court of Appeals of Wisconsin.

Decided February 26, 2002.

Attorney(s) appearing for the Case

On behalf of the respondent-appellant, the cause was submitted on the briefs of Grant F. Langley, city attorney and Hazel Mosley, assistant city attorney, Milwaukee.

On behalf of the petitioner-respondent, the cause was submitted on the brief of Thomas K. Houck, of Gruber Law Offices, LLC, Milwaukee.

Before Wedemeyer, P.J., Fine and Curley, JJ.

¶ 1. WEDEMEYER, P.J.

The City of Milwaukee appeals from an order granting Thomas D. Champeau's WIS. STAT. § 968.20 (1999-2000)1 petition requesting the return of three video slot machines, which were seized by police as illegal gambling devices. The City contends that the trial court erred when it ordered the return of Champeau's property because the trial court's findings that the machines were not "amusement devices" and that...

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