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TOWN OF CENTERVILLE v. DNR

No. 87-0123.

142 Wis.2d 240 (1987)

417 N.W.2d 901

TOWN OF CENTERVILLE, Laverne Albrecht, Edith Lutze, Karl S. Klessig, Donald Sixel, Harland Albrecht, and Hilbert Freis, Petitioners-Respondents, v. DEPARTMENT OF NATURAL RESOURCES, Respondent-Appellant, Thomas FREIS, Respondent-Intervenor.

Court of Appeals of Wisconsin.

Decided November 18, 1987.

Attorney(s) appearing for the Case

On behalf of the respondent-appellant there were briefs by Donald J. Hanaway, attorney general and Steven B. Wickland, assistant attorney general, oral argument by Steven B. Wickland.

On behalf of the citizens petitioners-respondents there was a brief and oral argument by Raymond M. Roder of Whyte & Hirschboeck S.C. of Madison.

On behalf of petitioner-respondent Town of Centerville, there was a brief and oral argument by Jerome L. Fox of Olson, Winter and Fox of Two Rivers.

Before Scott, C.J., Brown, P.J., and Nettesheim, J.

NETTESHEIM, J.

The state of Wisconsin Department of Natural Resources (department) appeals from a circuit court judgment reversing a department determination that an environmental impact statement (EIS) was not necessary relative to Thomas Freis' proposal to locate a landfill site on his property in the town of Centerville, Manitowoc county. The circuit court remanded the matter to the department for the preparation of...

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