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TOWN OF TWO RIVERS v. DNR

Nos. 80-1733, 81-318.

105 Wis.2d 721 (1981)

315 N.W.2d 378

TOWN OF TWO RIVERS, Raymond Taddy, individually and as Chairman of the Town of Two Rivers; Henry Meyer, individually and as a Supervisor of the Town of Two Rivers; James Englebert, individually and as a Supervisor of the Town of Two Rivers; Charles Spring, Route 2, Two Rivers, Wisconsin 54241; Winifred Spring, Route 2, Two Rivers, Wisconsin 54241; Walter Eis, Route 2, Two Rivers, Wisconsin 54241; Verena Bartel, Route 2, Two Rivers, Wisconsin 54241; Peter Bartel, Route 2, Two Rivers, Wisconsin 54241; John Wilquet, Route 2, Two Rivers, Wisconsin 54241; Jim Christenson, Route 2, Two Rivers, Wisconsin 54241; and Peter A. Peshek, Wisconsin Public Intervenor, Petitioners-Respondents, v. State of Wisconsin, DEPARTMENT OF NATURAL RESOURCES, Respondent-Appellant. TOWN OF PARIS, a municipal corporation, Petitioner-Respondent, v. WISCONSIN DEPARTMENT OF NATURAL RESOURCES, Respondent-Appellant, WASTE MANAGEMENT OF WISCONSIN, INC., Respondent-Appellant.

Court of Appeals of Wisconsin.

Decided December 24, 1981.

Attorney(s) appearing for the Case

For the respondents-appellants there were briefs by Bronson C. La Follette, attorney general; Carl A. Sinderbrand, assistant attorney general, and David E. Stewart of Morgan & Stewart Law Offices of Madison. Oral argument by Mr. Sinderbrand.

For the petitioners-respondents there were briefs by Jerome L. Fox of Olsen, Winter & Fox of Two Rivers; Ron A. Kaminski of Kaminski & Rusboldt of Manitowoc; Peter A. Peshek, Wisconsin public intervenor, and Matthew H. Quinn of Hand & Quinn, S.C. of Racine. Oral argument by Mr. Peshek and Mr. Quinn.

Before Voss, P.J., Brown and Scott, JJ.

BROWN, J.

This is an appeal by both the Department of Natural Resources (DNR) and Waste Management of Wisconsin, Inc. in which they contend that contested case hearings cannot be held prior to a determination on site feasibility of solid waste disposal locations unless the DNR, in its discretion, chooses otherwise.

Wisconsin has adopted comprehensive statutes concerning the location, planning and licensing of solid waste disposal sites. The decision regarding...

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