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NELSON v. DNR

No. 77-568.

88 Wis.2d 1 (1979)

276 N.W.2d 302

Donald NELSON, and another, Petitioners-Appellants: Palmer NELSON, and others, Petitioners-Appellants, v. DEPARTMENT OF NATURAL RESOURCES, Respondent.

Court of Appeals of Wisconsin.

Decided January 17, 1979.

Attorney(s) appearing for the Case

For the petitioners-appellants there were briefs by DeWitt, McAndrews & Porter, S. C., and oral argument by Robert Sundby of DeWitt, McAndrews & Porter, S. C., of Madison.

For the respondent there was a brief by Bronson C. La Follette, attorney general and Robert B. McConnell, assistant attorney general, and oral argument by Robert B. McConnell, assistant attorney general.

Before Gartzke, P.J., Bablitch, J. and Dykman, J.

BABLITCH, J.

This case involves a conflict between the authority of counties to regulate the use and development of county lands under zoning powers conferred by sec. 59.97, Stats., and the authority of the Department of Natural Resources (DNR) to control statewide the location and operation of solid waste disposal sites pursuant to sec. 144.30 to 144.46, Stats.

In 1961 Columbia County (County) enacted a zoning ordinance...

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