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APT. ASS'N OF SOUTH CENT. WIS. v. MADISON

No. 2005AP3140.

722 N.W.2d 614 (2006)

2006 WI App 192

APARTMENT ASSOCIATION OF SOUTH CENTRAL WISCONSIN, INC., Plaintiff-Appellant, v. CITY OF MADISON, Defendant-Respondent.

Court of Appeals of Wisconsin.

Opinion Filed August 10, 2006.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of William F. White, Steven P. Means, and Roisin H. Bell, orally argued by Steven P. Means, Michael Best & Friedrich, L.L.P., Madison.

On behalf of the defendant-respondent, the cause was submitted on the brief of Michael P. May and Katherine C. Noonan, orally argued by Michael P. May, Office of the City Attorney, Madison.

Before VERGERONT, DEININGER and HIGGINBOTHAM, JJ.

¶ 1 VERGERONT, J.

The issue on this appeal is whether a provision of the City of Madison's inclusionary housing ordinance is pre-empted by WIS. STAT. § 66.1015 (2003-04),1 titled "Municipal rent control prohibited." The Apartment Association of South Central Wisconsin, Inc., (the Association) seeks a declaratory judgment that MADISON, WIS., ORDINANCE (MGO) § 28.04(25)(e)2 is void with respect...

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