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PHILLIPS PLASTICS CORP. v. NATURAL RESOURCES DEPT.

No. 80-093.

98 Wis.2d 524 (1980)

297 N.W.2d 69

PHILLIPS PLASTICS CORPORATION, a Wisconsin corporation, Plaintiff-Appellant, v. DEPARTMENT OF NATURAL RESOURCES of the state of Wisconsin, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided August 26, 1980.

Attorney(s) appearing for the Case

For the plaintiff-appellant there were briefs by Robert Horowitz and Stafford, Rosenbaum, Rieser & Hansen of Madison, and Stephen D. Willett and Olson & Willett, S.C. of Phillips, of counsel, and oral argument by Robert Horowitz.

For the defendant-respondent there was a brief by Bronson C. La Follette, attorney general, and Raymond M. Roder, assistant attorney general, and oral argument by Raymond M. Roder, assistant attorney general.

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

DYKMAN, J.

This appeal is from an order granting summary judgment to the defendant and denying the plaintiff's summary judgment motion. The plaintiff seeks a declaratory judgment as to the validity of an administrative rule regulating the discharge of pollutants. The issues raised concern the propriety of challenging an administrative rule by bringing an action for declaratory judgment after an enforcement action has been commenced by the state, and the validity of...

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