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TRANSP. DEPT. v. TRANSP. COM'R.

No. 85-1559.

135 Wis.2d 195 (1986)

400 N.W.2d 15

WISCONSIN DEPARTMENT OF TRANSPORTATION, Plaintiff-Appellant, v. OFFICE OF the COMMISSIONER OF TRANSPORTATION, Defendant-Respondent, James L. GUTSCHENRITTER, d/b/a Gutschenritter Welding, Intervenor.

Court of Appeals of Wisconsin.

Decided November 6, 1986.

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 Arnold J. Wightman, assistant attorney general.

For the defendant-respondent the cause was submitted on the brief of Thomas W. Harnisch, of Whyte & Hirschboeck, S.C. of Madison.

Before Dykman, J., Eich, J., and Sundby, J.

FICH, J.

The Wisconsin Department of Transportation appeals from a judgment affirming an order of the Commissioner of Transportation. The commissioner reversed the department's denial of James L. Gutschenritter's application for permits to maintain two outdoor advertising signs. The sole issue is whether a "Highway Use District" as described in the Dodge County zoning ordinance may be considered a "`business area' ... zoned for business, industrial, or commercial...

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