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BROWN COUNTY v. BROWN COUNTY TAXPAYERS

No. 2020AP940.

971 N.W.2d 491 (2022)

2022 WI 13

BROWN COUNTY, Plaintiff-Respondent, v. BROWN COUNTY TAXPAYERS ASSOCIATION and Frank Bennett, Defendants-Third-Party Plaintiffs-Appellants, v. Peter Barca, Secretary, Wisconsin Department of Revenue, Third-Party Defendant-Respondent.

Supreme Court of Wisconsin.

Opinion Filed: March 4, 2022.

Attorney(s) appearing for the Case

For the defendants-third-party-plaintiffs-appellants, there were briefs filed by Richard M. Esenberg , Anthony F. LoCoco , Lucas T. Vebber and Wisconsin Institute of Law & Liberty, Milwaukee. There was an oral argument by Anthony F. LoCoco .

For the plaintiff-respondent, there was a brief filed by Andrew T. Phillips , Steven L. Nelson , Douglas M. Raines , Christopher E. Avallone and von BRIESEN & ROPER, S.C., Milwaukee. There was oral argument by Andrew T. Phillips .

There was an amicus brief filed on behalf of the Wisconsin Counties Association by Joseph L. Olson and Michael Best & Friedrich LLP, Milwaukee.

ANN WALSH BRADLEY, J., delivered the majority opinion of the Court, in which ROGGENSACK, DALLET, HAGEDORN, and KAROFSKY, JJ., joined. REBECCA GRASSL BRADLEY, J., filed a dissenting opinion, in which ZIEGLER, C.J., joined.

¶1 This case is before the court on certification by the court of appeals pursuant to Wis. Stat. § (Rule) 809.61 (2017-18) after the circuit court granted summary judgment to Brown County.1 The circuit court determined that the County's sales and use tax ordinance was lawful.

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