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MILWAUKEE MET. SEWERAGE DIST. v. DNR

No. 83-1217.

122 Wis.2d 330 (1984)

362 N.W.2d 158

MILWAUKEE METROPOLITAN SEWERAGE DISTRICT, Petitioner-Appellant, v. WISCONSIN DEPARTMENT OF NATURAL RESOURCES, Respondent.

Court of Appeals of Wisconsin.

Decided December 3, 1984.

Attorney(s) appearing for the Case

For the petitioner-appellant the cause was submitted on the briefs of the Milwaukee Metropolitan Sewerage District, with Michael J. McCabe, director of legal services, David S. Branch, and Susan B. Anthony of counsel, of Milwaukee.

For the respondent the cause was submitted on the briefs of Bronson C. La Follette, attorney general, with Carl A. Sinderbrand, assistant attorney general of counsel, of Madison.

Before Wedemeyer, P.J., Moser and Sullivan, JJ.

WEDEMEYER, P.J.

The Milwaukee Metropolitan Sewerage District (District) appeals from an order denying its request for a contested hearing under sec. 227.064, Stats. Because the District is entitled to a contested hearing under sec. 227.064(1), we reverse.

Section 144.04, Stats., provides that every owner of a sewerage system must submit plans for a new facility to the Department of Natural Resources (DNR). The DNR then will "approve, approve conditionally...

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