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EDGERTON CONTRACTORS v. CITY OF WAUWATOSA

No. 2009AP1042.

781 N.W.2d 228 (2010)

2010 WI App 45

EDGERTON CONTRACTORS, INC., Plaintiff-Respondent, v. CITY OF WAUWATOSA, Defendant-Appellant.

Court of Appeals of Wisconsin.

Opinion Filed February 17, 2010.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of George M. Schimmel and Timothy L. Lyons of O'Neill, Schimmel, Quirk & Carroll, S.C. of Milwaukee.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Richard J. Lewandowski and Eric Meier of Whyte Hirschboeck Dudek S.C. of Milwaukee.

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

¶ 1 KESSLER, J.

The City of Wauwatosa appeals from a summary judgment which refunded to Edgerton Contractors, Inc., nearly $39,000 of the $43,908 inspection fee Edgerton paid pursuant to the City's Consolidated Fee Schedule that was in effect at the time Edgerton obtained an erosion control permit. The City urges us to vacate the judgment and dismiss Edgerton's action because it contends: (1) the fee schedule for erosion...

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