345.08 Suit to recover protested tax or fee. No suit shall be maintained in any court to restrain or delay the collection or payment of the taxes levied or the fees imposed or enacted in chs. 341 to 349. The aggrieved taxpayer shall pay the tax or fee as and when due and, if paid under protest, may at any time within 90 days from the date of such payment sue the state in an action at law to recover the tax or fee so paid. If it is finally determined that such tax or fee or any part thereof was wrongfully collected for any reason, the secretary of administration shall pay from the transportation fund the amount of such tax or fee so adjudged to have been wrongfully collected. A separate suit need not be filed for each separate payment made by any taxpayer, but a recovery may be had in one suit for as many payments as were made within the 90-day period preceding the commencement of the action. Such suits shall be commenced as provided in s. 775.01.
History: 1977 c. 29 s. 1654 (1); 1979 c. 32 s. 92 (5); 2003 a. 33.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 345 - Vehicles — civil and criminal liability.
345.01 - Words and phrases defined.
345.05 - Municipal liability for motor vehicle accidents.
345.06 - Owner's liability for act of operator.
345.07 - Civil actions by secretary.
345.08 - Suit to recover protested tax or fee.
345.09 - Service of process on nonresident.
345.11 - Uniform traffic citation.
345.17 - Penalty for false statements.
345.18 - Sentencing of juveniles.
345.20 - General provisions in traffic forfeiture actions.
345.21 - Authority to arrest with a warrant.
345.22 - Authority to arrest without a warrant.
345.23 - Officer's action after arrest without a warrant.
345.24 - Officer's action after arrest for driving under influence of intoxicant.
345.255 - Deposit after release.
345.27 - Information to persons charged.
345.28 - Nonmoving violations.
345.285 - Alternative traffic violation and registration pilot program.
345.31 - Venue in traffic regulation actions.
345.32 - Initial appearance before judge.
345.36 - Not guilty plea; failure to appear.
345.37 - Procedure on default of appearance.
345.375 - Judgment against a corporation or limited liability company.
345.38 - Effect of plea of no contest.
345.42 - Preliminary proceedings.
345.422 - No guardian ad litem.
345.47 - Judgment of forfeitures, costs, fees, and surcharges.
345.48 - Reporting pending appeal.
345.49 - Procedure on imprisonment; nonpayment of forfeiture, costs, fees, or surcharges.
345.51 - Reopening of default judgment.
345.52 - No double prosecution.
345.53 - Costs not taxed against plaintiff.
345.55 - Traffic officers not to profit from arrests.