STATE v. BD. OF REVIEW FOR CITY OF KENOSHA

No. 2019AP1618.

972 N.W.2d 544 (2022)

2022 WI 17

STATE of Wisconsin EX REL. NUDO HOLDINGS, LLC, Petitioner-Appellant-Petitioner, v. BOARD OF REVIEW FOR the CITY OF KENOSHA, Respondent-Respondent.

Supreme Court of Wisconsin.

Opinion Filed: April 12, 2022.


Attorney(s) appearing for the Case

For the petitioner-appellant-petitioner, there were briefs filed by Paul W. Zimmer and O'Neil, Cannon, Hollman, DeJong & Laing S.C., Milwaukee. There was an oral argument by Paul W. Zimmer.

For the respondent-respondent, there was a brief filed by Robert I. DuMez , Gino M. Alia , J. Michael McTernan and Alia, DuMez & McTernan, S.C., Kenosha. There was an oral argument by J. Michael McTernan.

An amicus curiae brief was filed on behalf of the League of Wisconsin Municipalities, Wisconsin Towns Association and Wisconsin Association of Assessing Officers by Julie M. Gay and Law Office of Julie M. Gay, Waukesha.

An amicus curiae brief was filed on behalf of Wisconsin REALTORS® Association, Wisconsin Builders Association and NAIOP-WI by Thomas D. Larson , Madison.

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


¶1 This is a property tax classification case. The property at issue was mostly raw and covered in underbrush, but also included several walnut and pine trees. The assessor classified the property as residential. Before the board of review, the landowner maintained the property should be classified agricultural (and therefore...

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