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BENTIVENGA v. CITY OF DELAVAN

No. 2014AP137.

856 N.W.2d 546 (2014)

2014 WI App 118

Domenico BENTIVENGA, Donald L. McGrath, Jr., Kathryn P. McGrath, James Tietz, Louis Haan and Richard Haan, Plaintiffs-Appellants, v. CITY OF DELAVAN, Defendant-Respondent, Lodges at Lake Lawn Resort Condominium Association, Inc., Defendant.

Court of Appeals of Wisconsin.

Opinion Filed October 15, 2014.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of David C. Williams of Harrison, Williams & McDonell, LLP, Lake Geneva.

On behalf of the defendant-respondent, the cause was submitted on the brief of Steven A. Koch and Kathilynne A. Grotelueschen of Seymour, Kremer, Koch, Lochowicz & Duquette, LLP, Elkhorn.

Before BROWN, C.J., NEUBAUER, P.J., and REILLY, J.

¶ 1 The City of Delavan collects a "fee in lieu of room tax" from the owners of certain units in the Lodges at Lake Lawn Resort Condominium who choose not to rent to the public. Six unit owners (the Owners) who have paid the fee in recent years brought suit against the City and the Lodges at Lake Lawn Resort Condominium Association...

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