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STATE PUBLIC INTERVENOR v. DNR

No. 88-1581.

156 Wis.2d 376 (1990)

456 N.W.2d 878

STATE of Wisconsin PUBLIC INTERVENOR, Petitioner-Respondent-Cross Appellant, Jon SCHUSTER, Petitioner-Intervenor-Respondent, v. Wisconsin DEPARTMENT OF NATURAL RESOURCES, Appellant-Cross Respondent.

Court of Appeals of Wisconsin.

Decided April 19, 1990.

Attorney(s) appearing for the Case

For the petitioner-respondent-cross-appellant the cause was submitted on the briefs of Thomas J. Dawson, Wisconsin public intervenor.

For the appellant-cross-respondent the cause was submitted on the briefs of Donald J. Hanaway, attorney general, and Steven B. Wickland, assistant attorney general.

For the petitioner-intervenor-respondent, Jon Schuster, the cause was submitted on the brief of Timm P. Speerschneider of DeWitt, Porter, Huggett, Schumacher & Morgan, S.C. of Madison.

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

SUNDBY, J.

This appeal involves the Wisconsin Department of Natural Resources' conditional grant of an exemption from certain solid waste regulatory requirements to the Brown County Board of Harbor Commissioners. The purpose of the exemption is to allow the Harbor Board to construct an in-water confined disposal facility for materials dredged from the Green Bay harbor and entrance channel. The confined disposal facility will be located near the mouth of the Fox River...

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