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DOT v. OFFICE OF COM'R OF TRANSP.

No. 89-2312.

159 Wis.2d 271 (1990)

463 N.W.2d 870

Wisconsin DEPARTMENT OF TRANSPORTATION, Plaintiff-Respondent, v. OFFICE OF the COMMISSIONER OF TRANSPORTATION, Defendant-Co-Appellant, OLSON, INC., of Oconomowoc, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided November 21, 1990.

Attorney(s) appearing for the Case

For the defendant-co-appellant the cause was submitted on the briefs of Donald J. Hanaway, attorney general, and Burneatta L. Bridge, assistant attorney general.

For the defendant-appellant the cause was submitted on the briefs of Gary L. Antoniewicz and Leslie F. Kramer of Tomlinson, Gillman, Travers & Gress, S.C. of Madison.

For the plaintiff-respondent the cause was submitted on the briefs of Frederick G. Wisner, assistant general counsel, and John J. Sobotik, assistant general counsel for the Wisconsin Department of Transportation.

Brief of Amicus Curiae of the Wisconsin Automobile and Truck Dealers Association, Inc., Paul R. Norman and Bonnie A. Wendorff of Boardman, Suhr, Curry & Field of Madison.

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

SUNDBY, J.

In this appeal, we decide that the Office of the Commissioner of Transportation may grant an application for a motor vehicle dealer's license under sec. 218.01(3)(b), Stats., without deferring to the Department of Transportation's decision to deny the application. We therefore reverse the circuit court's order.

Mart Olson and Olson, Inc. (Olson) filed a timely application to renew a motor vehicle dealer's license. The department denied Olson's application...

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