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STATE v. SCHMITT

No. 87-0836.

145 Wis.2d 724 (1988)

429 N.W.2d 518

STATE of Wisconsin, Plaintiff-Respondent, v. Carl SCHMITT d/b/a Carl Schmitt Sanitary Landfill, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided July 14, 1988.

Attorney(s) appearing for the Case

For the defendant-appellant the cause was submitted on briefs of Paul Kent and DeWitt, Porter, Huggett, Schumacher & Morgan, S.C., of Madison.

For the plaintiff-respondent the cause was submitted on the brief of Donald J. Hanaway, attorney general, and Steven B. Wickland, assistant attorney general, of Madison.

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

GARTZKE, P.J., dissenting.

DYKMAN, J.

Carl Schmitt d/b/a Carl Schmitt Sanitary Landfill appeals from a judgment requiring him to pay $202,550 in forfeitures and $30,382 in penalty assessments. The issues are: (1) whether the forfeitures were proportionate to the offenses; (2) whether Schmitt is liable for multiple violations on the same day; (3) whether the total forfeiture was impermissibly punitive. We conclude that: (1) the forfeitures were proportionate...

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