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METROPOLITAN BUILDERS ASS'N v. VILLAGE OF GERMANTOWN

No 2004AP1433.

282 Wis.2d 458 (2005)

2005 WI App 103

698 N.W.2d 301

METROPOLITAN BUILDERS ASSOCIATION OF GREATER MILWAUKEE, Plaintiff-Appellant, v. VILLAGE OF GERMANTOWN, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided April 13, 2005.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Joshua L. Gimbel and Dereck R. Brower of Michael Best & Friedrich LLP of Milwaukee.

On behalf of the defendant-respondent, the cause was submitted on the brief of Raymond J. Pollen and Amy J. Doyle of Crivello, Carlson & Mentkowski SC of Milwaukee.

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

¶ 1. BROWN, J.

This case involves a dispute over the use of impact fees that the Village of Germantown assessed on developers. The Village collected these fees for an Aquatic Center/Youth Center. Originally, it had contemplated a regular swimming pool, but it decided to build a spray ground — a playground with water — after voters rejected the swimming pool proposal. The Metropolitan Builders Association...

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