City of Milwaukee - File #: 081161

• File #: 081161
• Version: 0
• Type: Resolution
• Status: Passed
• File created: 12/16/2008
• In control: FINANCE & PERSONNEL COMMITTEE
• Final action: 1/16/2009
• Title: Resolution appropriating up to $850,000 from the 2009 Common Council Contingent Fund to the Remission of Taxes Fund for settlement of a lawsuit by Walgreen Co. against the City of Milwaukee regarding 2006 and 2007 tax assessments.
• Sponsors: THE CHAIR
• Indexes: CONTINGENT FUND, SUITS SETTLEMENT, TAX CANCELLATIONS

Date	Ver.	Action By	Action	Result	Tally
1/28/2009	0	MAYOR	SIGNED
1/16/2009	0	COMMON COUNCIL	ADOPTED	Pass	13:1
1/14/2009	0	FINANCE & PERSONNEL COMMITTEE	RECOMMENDED FOR ADOPTION; Minutes note: Individuals present: Vince Moschella - City Attorney's Office Peter Weissenfluh - Assessor's Office	Pass	5:0
1/12/2009	0	JUDICIARY & LEGISLATION COMMITTEE	RECOMMENDED FOR ADOPTION AND ASSIGNED; Minutes note: Individuals present: Vince Moschella - City Attorney's Office Mary Reavey - Assessor's Office Jennifer Gonda - Intergovernmental Relations	Pass	4:1
1/6/2009	0	FINANCE & PERSONNEL COMMITTEE	HEARING NOTICES SENT
12/26/2008	0	JUDICIARY & LEGISLATION COMMITTEE	HEARING NOTICES SENT
12/16/2008	0	COMMON COUNCIL	ASSIGNED TO

Number
081161
Version
ORIGINAL
Reference

Sponsor
THE CHAIR
Title
Resolution appropriating up to $850,000 from the 2009 Common Council Contingent Fund to the Remission of Taxes Fund for settlement of a lawsuit by Walgreen Co. against the City of Milwaukee regarding 2006 and 2007 tax assessments.
Analysis
This resolution appropriates up to $850,000 from the 2009 Common Council Contingent Fund to the Remission of Taxes Fund special purpose account to pay the settlement of the lawsuit of Walgreen Co. against the City regarding 2006 and 2007 assessments of Walgreen Co. properties. This settlement reflects a change in Wisconsin assessment law resulting from the July 8, 2008, Wisconsin Supreme Court decision in the case of Walgreen Co. v. City of Madison.
Body
Whereas, The Assessor’s Office properly assessed the 21 Walgreen Co. properties located in the City of Milwaukee for 2006 and 2007 based upon applicable assessment law as it existed at the time of assessment; and

Whereas, On July 8, 2008, the Wisconsin Supreme Court, in the case of Walgreen Co. v. City of Madison, 2008 WI 80, significantly changed the law of assessments as it applies to Walgreen Co, properties after the City of Milwaukee’s 2006 and 2007 assessments were made; and

Whereas, Walgreen Co., filed claims and a lawsuit against the City of Milwaukee (Case #07CV8542) seeking refunds of 2006 and 2007 taxes based upon the same legal theory with which Walgreen Co. was successful in the Madison case; and

Whereas, The City of Milwaukee is bound to follow the precedent set by the Madison case; and

Whereas, The Commissioner of Assessments and the City Attorney have negotiated a settlement of the Walgreen Co. lawsuit against the City that they strongly recommend to the Common Council in order to comply with the mandate of the Madison case and the new law of assessments in Wisconsin; and

Whereas, The City Treasurer has calculated the proper payment amount to be $807,376.33, with additional statuto...