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HERRO v. NATURAL RESOURCES BOARD

No. 255.

53 Wis.2d 157 (1971)

192 N.W.2d 104

HERRO, as Trustee for himself and others, Appellant, v. NATURAL RESOURCES BOARD, an agency of the state of Wisconsin, Respondent.

Supreme Court of Wisconsin.

Decided December 2, 1971.

Attorney(s) appearing for the Case

For the appellant there were briefs by Foley & Lardner of Milwaukee, attorneys, and Herro, McAndrews & Porter, S. C., of Madison, of counsel, and oral argument by Marvin E. Klitsner of Milwaukee.

For the respondent the cause was argued by Steven M. Schur, assistant attorney general, and W. Scott Van Alstyne, Jr., of Madison, of counsel, with whom on the brief were Robert W. Warren, attorney general, and Charles A. Bleck, assistant attorney general.

CONNOR T. HANSEN, J.

The trial court well described the posture of this case in stating, "The question which arises in this case, tried to the Court, involves not so much a dispute as to the facts but rather a dispute as to the interpretation of the law to be applied to those facts."

Facts.

Two parcels of land are involved in these proceedings, a 977-acre tract owned in fee by appellant, and a 1,591-acre tract in which appellant owns what...

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