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STATE v. CITY OF OAK CREEK

No. 97-2188.

232 Wis.2d 612 (2000)

2000 WI 9

605 N.W.2d 526

STATE of Wisconsin, Plaintiff-Respondent-Petitioner, v. CITY OF OAK CREEK, Defendant-Appellant.

Supreme Court of Wisconsin.

Decided February 10, 2000.

Attorney(s) appearing for the Case

For the plaintiff-respondent-petitioner the cause was argued by Joanne F. Kloppenburg, assistant attorney general with whom on the briefs was James E. Doyle, attorney general.

For the defendant-appellant there was a brief by Lawrence J. Haskin, City Attorney and Lawrie J. Kobza, Richard L. Bolton, M. Tess O'Brien-Heinzen and Boardman, Suhr, Curry & Field, LLP, Madison and oral argument by Lawrence J. Haskin.

¶ 1. N. PATRICK CROOKS, J.

The attorney general, claiming to be acting on behalf of the State of Wisconsin, brought an action for injunctive relief under Wis. Stat. §§ 30.294, 823.01, and 832.02 (1995-96)1 to require the city of Oak Creek to remove a concrete channel from a quarter mile length of Crawfish Creek, a tributary that flows through the city. The attorney general alleged...

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