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CITY OF EAU CLAIRE v. DEPARTMENT OF NATURAL RESOURCES

No. 221.

60 Wis.2d 751 (1973)

210 N.W.2d 771

CITY OF EAU CLAIRE, Respondent, v. DEPARTMENT OF NATURAL RESOURCES, Appellant.

Supreme Court of Wisconsin.

Decided October 2, 1973.

Attorney(s) appearing for the Case

For the appellant the cause was submitted on the briefs of Robert W. Warren, attorney general, and James A. Rogers, assistant attorney general.

For the respondent the cause was submitted on the the brief of Frederick W. Fischer, city attorney.

A brief amicus curiae was filed by Jerry A. Edgar and Jean G. Setterholm, both of Madison, for the League of Wisconsin Municipalities.

Submitted under sec. (Rule) 251.54 September 11, 1973.

PER CURIAM.

We decline to reach the merits of this appeal because the Department of Natural Resources does not have standing to raise the constitutional issue which is the only issue in this case. In a case between a state agency and a municipal corporation, the constitutionality of a statute may not be questioned by either party. Columbia County v. Wisconsin...

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