CCR1994042COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #42-94
DISALLOWANCE OF THE CLAIM OF NORMAN MILLER
FOR A RECOVERY OF AN UNLAWFUL TAX UNDER
SECTION 74.35, WISCONSIN STATUTES
WHEREAS, the City of Muskego has received a claim from Norman
Miller to recover an unlawful tax; and
WHEREAS, the claim purports to be in accord with the appeal
procedures per the Wisconsin Statutes; and
WHEREAS, S74.35, Wisconsin Statutes, states the basis for a claim
under this section; and
WHEREAS, Norman Miller, apparently, filed a claim for recovery of
an illegal tax for 1993; and
WHEREAS, it appears that pursuant to §74.35(2)(b), Wisconsin
Statutes, the claim is defective in that it does not properly
state the circumstances giving rise to the claim, state as
accurately as possible the amount of the claim and was not served
on the Clerk of the taxing district in the manner prescribed in
§801.11(4), Wisconsin Statutes; and
WHEREAS, it further appears that in any event, the claim does not
state a proper basis for the claim pursuant to §74.33(1)(a) to
(e), Wisconsin Statutes, as is the position of the City Assessor "
pursuant to the attached letter dated February 1, 1994.
NOW, THEREFORE, BE IT RESOLVED, that the Common Council Of the
City of Muskego does hereby disallow as provided by §34.35(3),
Wisconsin Statutes, the claim filed by Norman Miller concerning
property known as W191 S9860 Parker Road, Muskego, Wisconsin, Tax
Key No. MSKC 2273.989 to recover an unlawful tax.
BE IT FURTHER RESOLVED that notice of this disallowance shall be
sent to the claimant by certified mail forthwith.
I
DATED THIS 22ND DAY OF FEBRUARY , 1994.
SPONSORED BY:
FINANCE COMMITTEE
Ald. Patrick A. Patterson
Ald. Edwin P. Dumke
Ald. David J. Sanders
This is to cer ,tifv that
Resolution #42-94-which was adopted by the Common Council of the
City of Muskego.
this is a true and accurate copy of
2/94 jmb
February 1, 1994
Attorney Donald S. Molter Jr.
Arenz, Uolter, Uacy 6 Riffle
P.O. Box 1348
Waukesha, WI 53187
Dear Attorney Molter:
In response to Norman Uiller's claim to recover unlawful taxes, please be
aware that his legal description of his property is how the certified survey
map6 were filed in 1970. Surveyors during the late 1960's and early 1970'8
listed the road dedication in the Stated approximate acres on the survey.
This in no way implies that his assessment reflects this total screage. The
land value is a sound value applied to his homesite.
0 For 1994 the legal description will be changed to read "approximately 3.41
acres including road dedication" for clarification purposes only. I find no
basis in his claim to recover unlawful taxes.
v Cify Assessor
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