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LAKE COUNTRY RACQUET AND ATHLETIC CLUB v. MORGAN

No. 2004AP3061.

289 Wis.2d 498 (2006)

2006 WI App 25

710 N.W.2d 701.

LAKE COUNTRY RACQUET AND ATHLETIC CLUB, INC., De-Le of Green Bay, Inc., Bluemound Land Partnership, LLP, Glen Park Associates and Wisconsin Athletic Club, Inc., Plaintiffs-Appellants, v. Michael L. MORGAN Secretary of Revenue and Wisconsin Department of Revenue, Defendants-Respondents, YMCA OF METROPOLITAN MILWAUKEE, INC., Waukesha Family YMCA, Oconomowoc Town and Country YMCA and Greater Green Bay YMCA, Inc., Intervenors-Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided January 26, 2006.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of Robert L. Gordon of Michael Best & Friedrich LLP, Milwaukee.

On behalf of the defendants-respondents, the cause was submitted on the brief of Thomas C. Bellavia, assistant attorney general, and Peggy A. Lautenschlager, attorney general.

On behalf of the intervenors-defendants-respondents, the cause was submitted on the brief of Timothy C. Frautschi, Rebecca E. Wickhem and Patrick M. Kuhlmann of Foley & Lardner, LLP, of Milwaukee.

Before Dykman, Vergeront and Higginbotham, JJ.

¶ 1. DYKMAN, J.

Lake Country Racquet and Athletic Club, Inc., and four other for-profit health clubs (collectively "Lake Country") appeal from a partial summary judgment and a summary judgment dismissing their constitutional challenges to the portion of WIS. STAT. § 70.11(12)(a) (2003-2004)1 exempting from taxation property owned by Young...

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