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NESTLÉ USA, INC. v. DEPT. OF REVENUE

No. 2008AP322.

795 N.W.2d 46 (2011)

2011 WI 4

NESTLÉ USA, INC., Petitioner-Appellant-Petitioner, v. WISCONSIN DEPARTMENT OF REVENUE, Respondent-Respondent.

Supreme Court of Wisconsin.

Decided February 2, 2011.

Attorney(s) appearing for the Case

For the petitioner-appellant-petitioner there was a brief by Robert L. Gordon and Michael Best & Friedrich LLP and oral argument by Robert L. Gordon .

For the respondent-respondent there was a brief by F. Thomas Creeron III , assistant attorney general with whom on the brief was J.B. Van Hollen , attorney general, and oral argument by F. Thomas Creeron III .

An amicus brief was filed by Robert Horowitz and Stafford Rosenbaum LLP and Stephen C. Nick and City of Eau Claire and oral argument by Robert Horowitz .

An amicus brief was filed by James Buchen and R.J. Pirlot for Wisconsin Manufacturers and Commerce, Inc.

MICHAEL J. GABLEMAN, J.

¶ 1 This is a review of a published decision of the court of appeals affirming the circuit court's judgment to uphold the determination of the Tax Appeals Commission.1 In late 2001, Nestlé finished constructing a plant (the "Gateway Plant") in Eau Claire, Wisconsin. Nestlé designed the Gateway Plant to meet rigorous United States Food and Drug Administration ("FDA") standards for the processing of...

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