National Foundation of Health, Welfare & Pension Plans, Inc. v. City of Brookfield

This appeal is from an order overruling the defendant’s demurrer to a complaint in which the plaintiff seeks a refund of real and personal property taxes paid to the defendant, city of Brookfield, on the ground that its property should be tax exempt.

The only issue presented by this appeal is whether the complaint states facts sufficient to constitute a cause of action. We think not, and we therefore reverse allowing plaintiff to plead over.

Plaintiff alleges that it is a nonprofit, nonstock corporation ; that it owned real estate and personal property in Brookfield upon which it paid…