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ASHWAUBENON v. STATE HIGHWAY COMM.

17 Wis.2d 120 (1962)

TOWN OF ASHWAUBENON, Respondent, v. STATE HIGHWAY COMMISSION, Appellant.

Supreme Court of Wisconsin.

June 5, 1962.

Attorney(s) appearing for the Case

For the appellant the cause was argued by A. J. Feifarek, assistant attorney general, with whom on the brief was John W. Reynolds, attorney general.

For the respondent there was a brief by Davis, Soquet, Cherney & Ross of Green Bay, and oral argument by Donald E. Soquet.

GORDON, J.

The following issues are presented: First, is the hearing under sec. 84.025 (3), Stats., a hearing in a "contested case;" second, does the State Highway Commission function in a legislative capacity in relocating a state arterial highway; and third, what is the nature of the judicial review under ch. 227, Stats., of a legislative decision by an administrative board?

Sec. 84.025 (1) and (3), Stats., provides that:

"(1) The legislature finds...

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