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ALLRIGHT PROPERTIES, INC. v. CITY OF MILWAUKEE

No. 2008AP510.

767 N.W.2d 567 (2009)

2009 WI App 46

ALLRIGHT PROPERTIES, INC., Plaintiff-Respondent, v. CITY OF MILWAUKEE, Defendant-Appellant.

Court of Appeals of Wisconsin.

Opinion Filed March 10, 2009.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Grant F. Langley, city attorney and Vincent D. Moschella, deputy city attorney of Milwaukee.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Robert L. Gordon and Alan Marcuvitz of Michael Best & Friedrich LLP of Milwaukee.

Before CURLEY, P.J., and FINE and KESSLER, JJ.

¶ 1 KESSLER, J.

Allright Properties, Inc., paid real property taxes assessed by the City of Milwaukee for the years 2004 and 2005, then sued, pursuant to WIS. STAT. § 74.37(3)(d) (2005-06),1 "to recover that amount of general property tax imposed because the assessment of property was excessive." See § 74.37(1). After a long court trial, the trial court issued a detailed written opinion2

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