Legal Opinion · Concurrence

State Ex Rel. Peter Odgen Family Trust of 2008 v. Bd. of Review for the Town of Delafield

Wisconsin Supreme Court

Decided March 14, 2019No. 2017AP000516Published

1Concurrence

REBECCA FRANK DALLET, J. (concurring).

*697¶48 I agree with the majority that a business purpose is not required for land to be classified as "agricultural land" for property tax purposes and that the decision of the court of appeals should therefore be affirmed. I disagree, however, with the majority's conclusion that this court *848may classify the two lots at issue as "agricultural land" as a matter of law.

¶49 The statute governing this court's review of the instant case states, in relevant part:

If the court on the appeal finds any error in the proceedings of the board which renders the assessment…

2Cases cited4 opinions

  1. Nankin v. Village of ShorewoodWisconsin Supreme Court · 2001
  2. Waste Management of Wisconsin, Inc. v. Kenosha County Board of ReviewWisconsin Supreme Court · 1994
  3. Frank J. Sausen v. Town of Black Creek Board of ReviewWisconsin Supreme Court · 2014
  4. State v. Bd. of Review for the Town of DelafieldCourt of Appeals of Wisconsin · 2018

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