Schlitz Realty Corp. v. City of Milwaukee

The motion to dismiss the complaint for want of equity is equivalent to a demurrer to the complaint on the ground that it fails to state facts sufficient to constitute a cause of action. We are therefore here concerned only with the allegations of the complaint. The question for determination is whether the complaint states a cause of action for injunctional relief.

It is the claim of. the plaintiff that the practices complained of as illegal go to the foundation of the taxation of its property and that under the rule of such cases as A. H. Stange Co. v. Merrill, 134 Wis. 514, 115 N. W. 115,…