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STATE v. CITY OF LA CROSSE

No. 83-435.

120 Wis.2d 263 (1984)

354 N.W.2d 738

STATE of Wisconsin, Plaintiff-Appellant, v. CITY OF LA CROSSE and Paul Hemker, and others, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided July 6, 1984.

Attorney(s) appearing for the Case

For the plaintiff-appellant the cause was submitted on the briefs of Bronson C. La Follette, attorney general, and Shari Eggleson, assistant attorney general.

For the defendants-respondents the cause was submitted on the brief of Terence R. Collins and Cameron, Nix, Collins & Quillin, Ltd. of La Crosse.

Before Gartzke, P.J., Bablitch, J. and Dykman, J.

DYKMAN, J.

The state appeals from an order which granted Paul Hemker's motion in limine to exclude evidence and granted his motion for summary judgment dismissing the complaint against him. The state alleged that Hemker had placed fill within the La Crosse River flood plain which would cause an increase greater than 0.1 foot in the height of the regional flood,1 contrary to sec. 15.03(B) (1) of the flood plain zoning ordinance of the City...

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