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NORANDA EXPLORATION, INC. v. OSTROM

No. 81-236.

107 Wis.2d 205 (1982)

320 N.W.2d 530

NORANDA EXPLORATION, INC., a Delaware corporation, Plaintiff-Respondent, v. M.E. OSTROM, State Geologist, Bronson C. La Follette, Attorney General, and Carroll D. Besadny, Secretary of Department of Natural Resources, Defendants-Appellants.

Court of Appeals of Wisconsin.

Decided March 23, 1982.

Attorney(s) appearing for the Case

For the appellants the cause was argued by Raymond M. Roder, assistant attorney general, with whom on briefs was Bronson C. La Follette, attorney general.

For the respondent there was a brief by Korth, Rodd, Mouw, Johnson & Mustacci, S.C., and Sommer & Schroeder, S.C., of Rhinelander, and oral argument by Richard E. Sommer.

Before Foley, P.J., Dean and Cane, JJ.

FOLEY, P.J.

The state appeals a judgment declaring sec. 107.15, Stats., unconstitutional and enjoining the state's enforcement of the statute. Section 107.15 requires companies such as Noranda Exploration, Inc., to provide the state geologist with geologic data they acquire in the course of exploring for minerals within the state. The trial court concluded that the statute deprived Noranda of its property without due process of law and impaired Noranda's contract...

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