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TOPS CLUB, INC. v. CITY OF MILWAUKEE

No. 02-1904.

260 Wis.2d 563 (2003)

2003 WI App 62

659 N.W.2d 484

TOPS CLUB, INC., Plaintiff-Appellant, v. CITY OF MILWAUKEE, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided February 4, 2003.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Victor Reckmeyer, II, of Donner & Donner, Milwaukee.

On behalf of the defendant-respondent, the cause was submitted on the brief of Grant F. Langley, city attorney, and Gregg C. Hagopian, assistant city attorney, Milwaukee.

¶ 1. FINE, J.

TOPS Club, Inc., appeals a circuit-court order dismissing its declaratory-judgment complaint against the City of Milwaukee. TOPS's complaint alleged that it is "an educational, charitable and benevolent organization that provides members with education, motivation and group support in attaining and maintaining their physician-prescribed weight goals." It sought a declaration that it is, accordingly, exempt from City taxation by WIS. STAT. §...

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