City of Milwaukee - File #: 191313

• File #: 191313
• Version: 2
• Type: Resolution
• Status: Passed
• File created: 11/26/2019
• In control: COMMON COUNCIL
• Final action: 1/21/2020
• Title: Substitute resolution authorizing the denial of Saint John’s Communities LLC’s claim of alleged unlawful tax.
• Sponsors: THE CHAIR
• Indexes: CLAIMS

Date	Ver.	Action By	Action	Result	Tally
1/27/2020	2	MAYOR	SIGNED
1/21/2020	2	COMMON COUNCIL	ADOPTED	Pass	15:0
1/13/2020	1	JUDICIARY & LEGISLATION COMMITTEE	SUBSTITUTED; Minutes note: Appearing: Allison Flanagan Ald. Johnson moved to make Letter to committee from the law office of Von Briesen, Atty. Alan Marcuvitz:, be part of the permanent record. There were no objections. "If appropriate, please either add to, or read into the record, the following message: Saint John's Communities, Inc. appreciates teh Judiciary and Legislation Committee's consideration of its claim of Unlawful tax, which is on the agenda for January 13, 2020. Saint John's respecfully disagrees with the position of both the City Assessor's Office regarding the taxation, as well as the position taken by the City Attorney's Office with respect to this claim. Nevertheless, we recognize that, at this time, it is in the best interest of all parties for the Claim to be promptly addressed by this Committee and Common Council, so the issues posed may move forward expeditiously, based on the City Attorney's recommended action."	Pass	5:0
1/13/2020	1	JUDICIARY & LEGISLATION COMMITTEE	RECOMMENDED FOR ADOPTION	Pass	5:0
12/9/2019	1	JUDICIARY & LEGISLATION COMMITTEE	HELD TO CALL OF THE CHAIR	Pass	3:0
11/26/2019	0	COMMON COUNCIL	ASSIGNED TO

Number

191313

Version

SUBSTITUTE 2

Reference

Sponsor

THE CHAIR

Title

Substitute resolution authorizing the denial of Saint John’s Communities LLC’s claim of alleged unlawful tax.

Analysis

This resolution authorizes denial of Saint John’s Communities LLC’s claim of alleged unlawful tax.

Body

Whereas, The claimant, Saint John’s Communities LLC, through its attorneys, von Briesen & Roper, s.c., has filed a claim against the City of Milwaukee, pursuant to Wis. Stat. § 74.35, to recover an alleged unlawful tax for tax year 2019 on the basis that its newly constructed tower is exempt; and

Whereas, The claimant’s claim for unlawful tax is premature because the City has not yet collected any real property tax on claimant’s property for 2019; and

Whereas, Even if the claim was properly filed, the claimant’s newly constructed tower would be taxable for tax year 2019 because, pursuant to Wis. Stat. § 70.11, the claimant failed to timely file an application for exemption for its newly constructed residential tower; now, therefore, be it

Resolved, by the Common Council of the City of Milwaukee that the claimant’s claim of alleged unlawful tax is hereby denied.

Requestor

City Attorney

Drafter

Allison N. Flanagan

December 17, 2019