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CITIZENS FOR SENSIBLE ZONING, INC. v. DNR

No. 76-132.

90 Wis.2d 804 (1979)

280 N.W.2d 702

CITIZENS FOR SENSIBLE ZONING, INC., Respondent, v. DEPARTMENT OF NATURAL RESOURCES, and others, Appellants.

Supreme Court of Wisconsin.

Decided June 29, 1979.

Attorney(s) appearing for the Case

For appellant Department of Natural Resources there were briefs by Bronson C. La Follette, attorney general, and John E. Kofron, assistant attorney general, and oral argument by Shari Eggelson, assistant attorney general.

For the respondent there was a brief by Richard O. Wright and Thompson & Wright of Oxford, and oral argument by Richard O. Wright.

SHIRLEY S. ABRAHAMSON, J.

The Wisconsin Department of Natural Resources (DNR) appeals from an order of the circuit court for Columbia County denying DNR's motion to dismiss the declaratory judgment action commenced by Citizens for Sensible Zoning, Inc., challenging the flood plain ordinance adopted by the DNR pursuant to sec. 87.30, Stats. 1973. We reverse the order.

Pursuant to sec. 87.30(1), Stats. 1973,1 upon petition of twelve...

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