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PIRE v. STATE AERONAUTICS COMM.

25 Wis.2d 265 (1964)

PIRE and others, Appellants, v. STATE AERONAUTICS COMMISSION, Respondent: WKBH TELEVISION, INC., Intervening Respondent.

Supreme Court of Wisconsin.

October 27, 1964.

Attorney(s) appearing for the Case

For the appellants there was a brief by Ramsdell, King, Carroll & Barland of Eau Claire, attorneys, and J. Curtis McKay of Milwaukee of counsel, and oral argument by Mr. McKay and Mr. Thomas H. Barland.

For the respondent the cause was argued by George B. Schwahn, assistant attorney general, with whom on the brief was George Thompson, attorney general.

For the intervening respondent there was a brief by Johns, Pappas & Flaherty of La Crosse, and oral argument by Robert D. Johns.

HEFFERNAN, J.

The appellants are individual aviators, and they contend that:

1. The commission exceeded its delegated authority granted it by the legislature when it allowed consideration other than aeronautical safety to control the granting of a construction permit.

2. The action of the commission in rejecting the report of the hearing officer and the recommendations of its own staff violated the spirit of the Administrative Procedure Act.

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