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FOND DU LAC v. DEPT. OF NATURAL RESOURCES

No. 279.

45 Wis.2d 620 (1970)

173 N.W.2d 605

CITY OF FOND DU LAC, by city manager and another, Appellant, v. DEPARTMENT OF NATURAL RESOURCES (Division of Environmental Protection), Respondent.

Supreme Court of Wisconsin.

Decided February 3, 1970.

Attorney(s) appearing for the Case

For the appellant there was a brief and oral argument by Henry B. Buslee, city attorney.

For the respondent the cause was argued by William F. Eich, assistant attorney general, with whom on the brief was Robert W. Warren, attorney general.

A brief amicus curiae was filed by St. Peter & Hauer and Albert J. Hauer, all of Fond du Lac, for the town of Fond du Lac.

HANLEY, J.

This appeal presents three issues:

(1) Was the department's 1967 hearing res judicata, thereby foreclosing it from conducting additional hearings;

(2) Did the department act arbitrarily and capriciously in denying the appellant's request for a declaratory ruling; and

(3) Did an additional hearing by the department constitute an unconstitutional usurpation of the judiciary's authority?

Applicability of the doctrine of res...

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