METROPOLITAN ASSOC. v. CITY OF MILWAUKEE

No. 2009AP524.

774 N.W.2d 821 (2009)

2009 WI App 157

METROPOLITAN ASSOCIATES, a Wisconsin Limited Partnership, On behalf of itself and all other persons and entities who filed an objection to the 2008 assessment of any parcel of real or personal property in the City of Milwaukee, Plaintiff-Respondent, v. CITY OF MILWAUKEE, a Wisconsin Municipal Corporation, Defendant-Appellant.

Court of Appeals of Wisconsin.

Opinion Filed September 9, 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, Milwaukee.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Alan Marcuvitz, Robert L. Gordon, Andrea H. Roschke and Susan M. Sager of Michael Best & Friederich LLP, Milwaukee.

Before FINE, KESSLER, BRENNAN, JJ.


¶ 1 FINE, J.

The City of Milwaukee appeals the order granting summary judgment to Metropolitan Associates, a Wisconsin Limited Partnership, declaring unconstitutional WIS. STAT. § 74.37(4)(c) & (4)(d), amended and created by 2007 Wis. Act 86, §§ 8 and 9 respectively, and enjoining the City from relying on those subsections in connection with challenges to the assessment of real property brought under § 74.37.1

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