Bauermeister v. Town of Alden

This action was founded upon sec. 74.73, Stats., authorizing recovery of an unlawful tax. Although the circuit court found that several plaintiffs had not fulfilled all procedural requirements of that section, and of sub. (4) in particular, it is clear that a number of plaintiffs had done so, and their causes of action were considered on the merits.

The gist of the complaint was that plaintiffs’ properties were assessed at a higher percentage of full value than was other property in the town. Plaintiffs established that their properties were assessed at a higher percentage than six farms. The…