CITY OF NEW RICHMOND v. DNR

Nos. 88-0407, 88-0408.

145 Wis.2d 535 (1988)

428 N.W.2d 279

CITY OF NEW RICHMOND, a municipality, Petitioner, Tom DOAR, Gerald Klasen, James H. Buell, John Johnston, James Tilly and Marilyn Lee, Petitioners-Respondents-Cross-Appellants, v. State of WISCONSIN DEPT. OF NATURAL RESOURCES, Respondent, AMERICAN RESOURCE RECOVERY, Intervenor-Respondent-Appellant-Cross-Respondent. CITY OF NEW RICHMOND, a municipality, Petitioner, Tom DOAR, Gerald Klasen, James H. Buell, John Johnston, James Tilly and Marilyn Lee, Petitioners-Respondents, v. State of WISCONSIN DEPT. OF NATURAL RESOURCES, Respondent, AMERICAN RESOURCE RECOVERY, Intervenor-Respondent-Appellant.

Court of Appeals of Wisconsin.

Decided June 21, 1988.


Attorney(s) appearing for the Case

For intervenor-respondent-appellant, American Resource Recovery, there were briefs by Charles Kamps, Arthur A. Vogel, Jr. and Nancy K. Peterson and oral argument by Charles Kamps of Quarles & Brady, Milwaukee.

For petitioners-respondents-cross-appellants, Tom Doar, Gerald Klasen, James H. Buell, John Johnston, James Tilly and Marilyn Lee, there were briefs by William S. Roush, Jr., Charles D. Clausen and Laura E. Campbell and oral argument by William S. Roush, Jr. of Friebert, Finerty & St. John, S.C., Milwaukee.

For respondent, State of Wisconsin Department of Natural Resources, there were briefs by Donald J. Hanaway, attorney general and Carl A. Sinderbrand, assistant attorney general and oral argument by Carl A. Sinderbrand of the Wisconsin Department of Justice, Madison.

Before Cane, P.J., LaRocque and Myse, JJ.


MYSE, J.

The American Resource Recovery (ARR) appeals the circuit court's decisions and orders concerning two petitions1 filed under ch. 227, Stats., challenging various decisions of the Department of Natural Resources (DNR). Essentially, those decisions and orders rescinded an air pollution control permit issued by the DNR.2 The circuit court ruled that because the DNR's environmental assessment (assessment...

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