Fred Rueping Leather Co. v. City of Fond Du Lac

This is an appeal from a decision of the circuit court for Fond du Lac county where upon cross-motions for summary judgment the court found in favor of plaintiffs. The City raises the following issues on appeal: (1) Is the “in lieu of tax” charge an allowable method of sewerage treatment cost recovery under sec. 66.076(4), Stats.? (2) Does the statutory framework of ch. 66, Stats., support the City’s contention that the “in lieu of tax” charge is a proper means of sewerage treatment cost recovery? (3) Did the trial court give undue significance to Wis. Adm. Code, sec. PSC 109.05 in barring…