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U.S. OIL CO., INC. v. CITY OF MILWAUKEE

No. 2009AP2260.

794 N.W.2d 904 (2010)

2011 WI App 4

U.S. OIL CO., INC., Plaintiff-Respondent, State of Wisconsin, Involuntary-Plaintiff, v. CITY OF MILWAUKEE, Defendant-Appellant.

Court of Appeals of Wisconsin.

Oral Argument November 10, 2010.

Opinion Filed December 28, 2010.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Amy R. Seibel of Seibel Law Offices LLC, of Milwaukee, and Grant F. Langley , Milwaukee City Attorney, and Vincent D. Moschella , Milwaukee Deputy City Attorney, with oral argument by Amy R. Seibel.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Joseph A. Pickart and Ross A. Anderson of Whyte Hirschboeck Dudek S.C., of Milwaukee, with oral argument by Joseph A. Pickart.

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

CURLEY, P.J.

¶ 1 The City of Milwaukee appeals a judgment vacating its $14 million tax assessments of U.S. Oil's property for 2004 and 2005 as excessive under the Wisconsin Constitution's Uniformity Clause. The City initially assessed the property—consisting of three oil terminals at the Granville Terminal Complex—at about $6 million for each of these tax years, relying on a 2002 sale of the subject property...

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