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VILLAGE OF SUSSEX v. DEPT. OF NATURAL RESOURCES

No. 476.

68 Wis.2d 187 (1975)

228 N. W. 2d 173

VILLAGE OF SUSSEX, Appellant, v. DEPARTMENT OF NATURAL RESOURCES, Respondent.

Supreme Court of Wisconsin.

Decided April 28, 1975.

Attorney(s) appearing for the Case

For the appellant there was a brief by Dale W. Arenz and Hippenmeyer, Reilly & Arenz, all of Waukesha, and oral argument by Dale W. Arenz.

For the respondent the cause was argued by Robert B. McConnell, assistant attorney general, with whom on the brief was Robert W. Warren, attorney general.

HEFFERNAN, J.

The Department of Natural Resources made a survey of the village of Sussex water supply and, after a hearing, found, pursuant to sec. 144.025 (2) (r), Stats., that the absence of a municipal water system tended to create a nuisance or menace to the health of the community. It ordered the village of Sussex to prepare plans for construction of an adequate public water supply not later than September 1, 1973,...

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