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STATE v. OZGA ENTERPRISES, INC.

Nos. 89-2365, 89-2366.

160 Wis.2d 783 (1991)

467 N.W.2d 134

STATE of Wisconsin, Plaintiff-Respondent, v. OZGA ENTERPRISES, INC., Defendant-Appellant. STATE of Wisconsin, Plaintiff-Respondent, v. OZGA ENTERPRISES, INC., Defendant-Third Party Plaintiff-Appellant.

Court of Appeals of Wisconsin.

Decided January 31, 1991.

Attorney(s) appearing for the Case

For the defendant-third party plaintiff-appellant the cause was submitted on the briefs of William F. Mundt, Gordon B. Baldwin, and Thomas A. Sutton of Murphy & Desmond, S.C. of Madison and orally argued by Gordon Baldwin.

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

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

SUNDBY, J.

In these actions for injunctive relief, the Department of Natural Resources claims the right to deferential review of its determination of flood elevations developed solely for the purposes of trial and without following prescribed administrative procedures.1 We conclude that the department, having chosen to litigate in the judicial arena, is bound by the rules which apply to judicial proceedings. We therefore reverse the judgment...

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