CCR1971199RESOLUTION #199-71
(As Amended)
RESOLUTION AUTHORIZING COMPROKISE OF LITIGATION IN
CASE OF JAMES KOHNE br JOAN KOHNE VS. CITY OF MUSKEGO
I
WHEREAS, the 1969 and 1970 assessments of the property owned by
James Kohne and Joan Kohne, his wife, consisted of four separate
assessments in the following amounts:
1969 -
Key # 2190.999
Key # 2190.999.001
Key # 2190.999.002
Key # 2190.999.003
TOTAL
- 1970
Key # 2190.999
Key # 2190.999.001
Key # 2190.999.002
Key # 2190.999.003
TOTAL
and
$ 23,700.00
16,800.00
31,500 .OO
.40,000.00
$112,000.00
$ 23,700.00
32,380.00
7,920.00
16,200.00
$ 80,200.00
WHEREAS, litigation has been commenced and is now pending wherein
the validity of the 1969 and 1970 real estate assessments is challenged
on the basis that said assessments are in excess of the fair market
value of the land and improvements, and
WHEREAS, the current assessment on said property is as follows:
Land Imp rovemen ts Total
Key 1) 2190.999 $ 8,000.00 $ 15,150.00 $ 23,150.00
Key # 2190.999.001 22,400.00 22,260.00 44,660.00
-
'a and,
WHEREAS, it appears that no change in the premises or in the nature
of improvements has taken place for the years involved,
NOW, THEREFORE, upon recommendations of the City Assessor and of the
City Attorney, and pursuant to the authority granted by Section
74.74.01 Statutes and other Statutes in such case made and provided,
BE IT HEREBY RESOLVED, .that the City enter into the stipulation
attached for the compromise of the litigation against the City by
James Kohne and Joan Kohne, his wife.
BE IT EIJRTHER RESOLVED that the proper City officials, including the
Clerk-Comptroller and City Attorney be authorized to implement this
Resolution as may be required.
I
DATED THIS 23 DAY OF November , 1971.
a
ATTEST:
CITY OF MUSKEGO
By :
Jerome Gottfried, Mayor
11/71
STATE OF WISCONSIN : CIRCUIT COURT WAUKESHA COUNTY _"""""""""""""""""""""""""""""""""
@ STATE OF mSCONSIN, ex re1
JAMES KOHNE and JOAN KOHNE,
his wife,
Plaintiffs,
-vs -
BETTE BOWYER, as clerk of the
Board of Review for the City
of Muskego, Wisconsin, and as
City Clerk of said city,
Defendant
Case No. 27663
STIPULATION
JAMES KOHNE and JOAN KOHNE, his wife,
W200 S7203 Hi-Y Drive
Muskego, Wisconsin,
e Plaintiffs,
-vs-
CITY OF MUSKEGO, A
municipal corporation, Defendant
..................................
Case No. 26829
IT IS HEREBY STIPULATED by and between the parties hereto,
as and for a complete compromise of the litigation herein pending,
That the Court may enter a judgment determining that
the plaintiffs' 1969 assessment of all land owned by them, and
determined and described on the tax roll of the City of Muskego
as follows:
Key # 2190 999
Key # 2190 999 001
Key # 2190 999 002
Key # 2190 999 003
is excessive in the amount of $44,190.00, and that the 1970
assessment of the premises owned by the plaintiffs described by
the same key numbers on the tax roll as above described, is
excessive in the amount of $12,390.00
* IT IS FURTHER STIPULATED that the assessment on the
plaintiffs' premises described by the following key numbers
for the year 1971 as follows:
Land Improvements
Key # 2190 999 $ 8,000.00 $ 15,150.00
Key # 2190 999 001 22,400.00 22,260.00
shall be established as the proper assessment for said premises
for the year 1971 and that the plaintiffs shall receive a credit
against the 1971 assessment in the amount of $44,190.00, which
is the excess amount of the assessment against plaintiffs' land
for the year 1969, and shall receive a further credit against the
assessment for the year 1972 in the amount of $12,390.00, which
is the excessive amount of the assessment for the year 1970.
-
e
IT IS FURTHER STIPULATED that the Court may enter a
judgment reducing the assessment on the plaintiffs' lands for
the year 1969, described on the tax roll of the C&ty of Muskego
as follows:
Key # 2190 999
Key # 2190 999 001
Key # 2190 999 002
Key # 2190 999 003
e from the sum of $112,000.00 to the sum of $67,810.00
IT IS FURTHER STIPULATED that the Court may enter a
judgment reducing the assessment on the plaintiffs' lands for
the year 1970, described on the tax roll of the City of Muskego
as follows :
Key # 2190 999
Key # 2190 999 001
Key # 2190 999 002
Key # 2190 999 003
-2-
from the sum of $80,200.00 to the sum of $67,810.00
IT IS FURTHER STIPULATED that the plaintiffs receive
e a credit against the 1971 assessment of their premises located in
the City of Muskego, described on the tax roll of the City of
Muskego as follows:
Key # 2190 999
Key # 2190 999 001
in the amount of $44,190.00, and against the assessment for the
year 1972 in the amount of $12,390.00.
IT IS FURTHER STIPULATED that no refund of any taxes
previously paid shall be made by the City to the plaintiffs, and
that credits as above provided for shall be the adjustment to
be' given to the plaintiffs. e
IT IS FURTHER STIPULATED that each of the parties shall
pay their own costs and expenses, and that upon the entry of the
judgment herein and the reassessment of plaintiffs' taxes, the
above entitled action shall be dismissed and that the Court may
enter a judgment to that effect. c,
Dated this J3day of hZ"- , 1971.
Clayton A. Cramer
Attorney for Plaintiffs
Pursuant to a Resolution adopted by he Comon Council
of the City of Muskego, on the J.3 day of 5w , 1971, this
stipulation is hereby executed. c-7
Dated this 3 day of lb"- 9 1971.
I /
City Clerk
-3-