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RICHLAND COUNTY v. DH&SS

No. 87-1391.

146 Wis.2d 271 (1988)

430 N.W.2d 374

RICHLAND COUNTY, a municipal corporation of the State of Wisconsin, Petitioner-Respondent, v. State DEPARTMENT OF HEALTH & SOCIAL SERVICES, Respondent, Becky HARRIS, Appellant.

Court of Appeals of Wisconsin.

Decided August 25, 1988.

Attorney(s) appearing for the Case

For the appellant the cause was submitted on the briefs of Mitchell M. Hagopian and Western Wisconsin Legal Services of Dodgeville.

For the petitioner-respondent the cause was submitted on the brief of Benjamin Southwick, corporation counsel, of Richland Center.

Before Gartzke, P.J., Eich and Sundby, JJ.

SUNDBY, J.

Becky Harris appeals an order dismissing her motion against Richland County for costs and reasonable attorney fees. She claims that the county's petition under sec. 227.53, Stats.,1 was frivolous because the county lacked standing to challenge the decision of the state department of health and social services (DHSS) and because the county or its attorney knew or should have known that its petition for review was without any...

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