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CITY OF WEST BEND v. CONTINENTAL IV FUND

No. 94-1913.

193 Wis.2d 481 (1995)

535 N.W.2d 24

CITY OF WEST BEND, Plaintiff-Appellant, v. CONTINENTAL IV FUND LIMITED PARTNERSHIP, Defendant-Respondent, BOARD OF REVIEW OF THE CITY OF WEST BEND, Defendant.

Court of Appeals of Wisconsin.

Decided April 12, 1995.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs Richard C. Yde, city attorney.

On behalf of the defendant-respondent, the cause was submitted on the brief of Ronald L. Wallenfang of Quarles & Brady of Milwaukee.

Before Anderson, P.J., Brown and Nettesheim, JJ.

ANDERSON, P.J.

The City of West Bend appeals from a circuit court order dismissing the City's complaint and affirming the board of review. Because we conclude that the board correctly held that the property in question should be assessed for tax purposes at $1,722,000, we affirm.

The material facts are not in dispute. Continental IV Fund Limited Partnership (Continental) owns a shopping center that is subject to a lease. According to the City's complaint,...

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