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NORWAY v. STATE BOARD OF HEALTH

32 Wis.2d 362 (1966)

TOWN OF NORWAY, Appellant, v. STATE BOARD OF HEALTH, Respondent. SAME, Appellant, v. COMMITTEE ON WATER POLLUTION, Respondent,

Supreme Court of Wisconsin.

November 1, 1966.

Attorney(s) appearing for the Case

For the appellant there were briefs by Lawton & Cates of Madison, and oral argument by Richard L. Cates.

For the respondents the cause was argued by James H. McDermott, assistant attorney general, with whom on the brief was Bronson C. La Follette, attorney general.

HALLOWS, J.

Norway contends the board and committee acted in excess of their statutory authority and jurisdiction in approving the plan in the proceeding under sec. 144.04, Stats. 1963,1 because it failed to make a determination of the structural soundness of the proposed stabilization ponds. Norway also contends the agencies exceeded their authority under the Administrative Procedure Act, ch. 227, in failing to make

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