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PUBLIC INTERVENOR v. DNR

No. 82-111.

115 Wis.2d 28 (1983)

339 N.W.2d 324

State of Wisconsin PUBLIC INTERVENOR, Petitioner-Appellant and Cross-Respondent, v. Wisconsin DEPARTMENT OF NATURAL RESOURCES and Natural Resources Board, Respondents and Cross-Appellants.

Supreme Court of Wisconsin.

Decided November 1, 1983.

Attorney(s) appearing for the Case

For the petitioner-appellant and cross-respondent there were briefs by Thomas J. Dawson, Wisconsin Public Intervenor, and oral argument by Mr. Dawson.

For the respondents and cross-appellants the cause was argued by Raymond M. Roder, assistant attorney general, with whom on the brief was Bronson C. La Follette, attorney general.

STEINMETZ, J.

The issue is whether the public intervenor, a legislatively created entity, has standing to challenge the constitutionality of an administrative code, ch. NR 345, Wis. Adm. Code, promulgated pursuant to sec. 30.20, Stats.1

The Dane county circuit court, the Honorable Richard W. Bardwell, held the public intervenor had such standing but held ch. NR 345, Wis. Adm. Code, constitutional...

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