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PETERSON v. NATURAL RESOURCES BOARD

No. 77-216.

94 Wis.2d 587 (1980)

288 N.W.2d 845

PETERSON, Plaintiff-Respondent, v. NATURAL RESOURCES BOARD FOR STATE OF WISCONSIN, Defendant-Appellant.

Supreme Court of Wisconsin.

Decided March 4, 1980.

Attorney(s) appearing for the Case

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

For the respondent there was a joint brief by Suzanne S. Havens and Jonjak, Havens & Kase of Sturgeon Bay, and David G. Walsh and Walsh, Walsh & Sweeney of Madison, and oral argument by David G. Walsh.

WILLIAM G. CALLOW, J.

This is an appeal by the Natural Resources Board for the State of Wisconsin (Board) from a judgment of the Circuit Court for Dane County declaring that Wis. Adm. Code, sec. NR 25.08 (2) (a)5 (Register, September, 1976, No. 249), is illegal and invalid. The challenged rule, currently Wis. Adm. Code, sec. NR 25.08(2)(a)6, prohibits the use of gill nets of a particular size in Lake Michigan south of a line running due east from the red navigational...

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