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HOLTZ & KRAUSE, INC. v. DNR

Nos. 77-668, 77-669.

85 Wis.2d 198 (1978)

270 N.W.2d 409

HOLTZ & KRAUSE, INC., Respondent and Cross-Appellant, v. DEPARTMENT OF NATURAL RESOURCES, Appellant and Cross-Respondent: PESHEK, Public Intervenor, Appellant and Cross-Respondent. CITY OF WAUSAU, Respondent and Cross-Appellant, v. DEPARTMENT OF NATURAL RESOURCES, Appellant and Cross-Respondent: PESHEK, Public Intervenor, Appellant and Cross-Respondent.

Supreme Court of Wisconsin.

Decided October 3, 1978.

Attorney(s) appearing for the Case

For Department of Natural Resources there were briefs by Patrick Walsh, assistant attorney general, and Bronson C. La Follette, attorney general.

For the Public Intervenor there were briefs and oral argument by Peter A. Peshek.

For Holtz & Krause, Inc., there were briefs by James P. Lonsdorf and Timken, Lonsdorf & Mallery, S.C., and oral argument by James P. Lonsdorf, all of Wausau.

For City of Wausau there were briefs by Earl Munson, Jr., Timothy J. Muldowney and La Follette, Sinykin, Anderson & Munson, attorneys, of Madison, and James A. Simmonds, Wausau city attorney, of counsel, with oral argument by Earl Munson, Jr.

CALLOW, J.

These appeals and cross-appeals are from a judgment affirming in part and reversing in part a Department of Natural Resources (DNR) order prescribing a schedule for the abandonment of the Holtz & Krause, Inc., solid waste disposal landfill. The circuit court determined that there was substantial evidence supporting the DNR's finding that the landfill was having a detrimental effect on ground and surface water. The court remanded the case to the DNR...

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