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SEWERAGE COMMISSION OF MILWAUKEE v. DNR

No. 79-884.

98 Wis.2d 464 (1980)

297 N.W.2d 40

The SEWERAGE COMMISSION OF the CITY OF MILWAUKEE, and Metropolitan Sewerage Commission of the County of Milwaukee, Respondents, v. State of Wisconsin DEPARTMENT OF NATURAL RESOURCES, Appellant.

Court of Appeals of Wisconsin.

Decided August 12, 1980.

Attorney(s) appearing for the Case

For the appellant the cause was argued by Steven B. Wickland, assistant attorney general, with whom on briefs was Bronson C. La Follette, attorney general.

For the respondent the cause was argued by James H. Petersen, senior staff attorney, with whom on briefs was Michael J. McCabe, director of legal services, Milwaukee Metropolitan Sewerage District, of Milwaukee.

Before DONLIN, P.J., Dean, J., and Foley, J.

[1]

FOLEY, J.

The Department of Natural Resources appeals from a declaratory judgment granted to the Sewerage Commissions of the City and County of Milwaukee declaring that two discharge elimination system permits issued by the DNR were invalid because they require secondary treatment compliance prior to July 1, 1977. The judgment also dismissed the DNR's counterclaim for a forfeiture based on the failure to comply with the permits. The DNR contends...

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