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DeBECK v. DEPARTMENT OF NATURAL RESOURCES

No. 91-1434.

172 Wis.2d 382 (1992)

493 N.W.2d 234

John W. DEBECK, Petitioner-Respondent, v. Wisconsin DEPARTMENT OF NATURAL RESOURCES, Respondent-Appellant.

Court of Appeals of Wisconsin.

Decided November 12, 1992.

Attorney(s) appearing for the Case

For the respondent-appellant the cause was submitted on the briefs of James E. Doyle, attorney general, and Maryann Sumi, assistant attorney general.

For the petitioner-respondent the cause was submitted on the brief of Michael P. Dunn of Davis & Kuelthau, S.C. of Milwaukee.

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

DYKMAN, J.

This is an appeal from an order partially vacating two administrative orders of the Department of Natural Resources (DNR). The circuit court vacated the orders because it concluded that the DNR had based the orders on an administrative rule which conflicted with a statute. We agree with the trial court and therefore affirm.

In 1972, after obtaining approval from the DNR, John DeBeck opened a landfill in the town of Middleton, Dane county. In 1982...

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