SEWERAGE COMMISSION OF the CITY OF MILWAUKEE, and Metropolitan Sewerage commission of the county of Milwaukee, Plaintiffs-Respondents-Petitioners,
v.
DEPARTMENT OF NATURAL RESOURCES, Defendant-Appellant.
Supreme Court of Wisconsin.https://leagle.com/images/logo.png
Argued March 4, 1981.
Decided June 30, 1981.
Attorney(s) appearing for the Case
For the petitioners the cause was argued by James H. Petersen, senior staff attorney, with whom on the briefs was Michael J. McCabe, director of legal services of Milwaukee Metropolitan Sewerage District.
For the appellant the cause was argued by Steven B. Wickland, assistant attorney general, with whom on the brief was Bronson C. La Follette, attorney general.
Brief for United States of America as amicus curiae was filed by Angus MacBeth, deputy assistant attorney general, Dirk D. Snel and Martin W. Matzen, attorneys, Department of Justice of Washington, D. C., Michelle B. Corash, general counsel, David M. Sims, assistant regional counsel, Environmental Protection Agency, Region V, Chicago, Illinois.
Supreme Court of Wisconsin.
HEFFERNAN, J.
This case is before us upon a petition by the Sewerage Commission of the City of Milwaukee and the Metropolitan Sewerage Commission of the county of Milwaukee for review of a decision of the court of appeals,1 which reversed the trial court's grant of summary judgment to the commissions. Contrary to the trial court, the court of appeals rejected the commissions' declaratory challenge to the Department of Natural Resources...
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