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STATE EX REL. BOEHM v. DNR

No. 90-2691.

174 Wis.2d 657 (1993)

(90-CV-1681) STATE EX REL. Janet BOEHM, Dan Fischer, Joseph A. Lentz, Hildegarde Lesjak, Verner Lund, Wally A. Machulak, Virginia Schultz, Ruth White and Waste Management of Wisconsin, Inc., Petitioners-Appellants-Petitioners, v. Wisconsin DEPARTMENT OF NATURAL RESOURCES, Wisconsin Department of Administration Division of Hearings & Appeals and Patrick T. Currie, Respondents-Respondents, EMERALD PARK, INC., Interested Party-Respondent. (90-CV-1834) CITY OF MUSKEGO, a municipal corporation, Petitioner, v. Wisconsin DEPARTMENT OF NATURAL RESOURCES, Wisconsin Department of Administration Division of Hearings & Appeals and Patrick T. Currie, Respondents, EMERALD PARK, INC., Interested Party.

Supreme Court of Wisconsin.

Decided March 24, 1993.

Attorney(s) appearing for the Case

For the petitioners-appellants-petitioners there were briefs by William B. Guis, William S. Roush, Jr., Caren B. Goldberg and Friebert, Finerty & St. John, S.C., Milwaukee and oral argument by Mr. Roush.

For the respondents-respondents the cause was argued by Joanne F. Kloppenburg, assistant attorney general, with whom on the brief was James E. Doyle, attorney general.

For the interested party-respondent there was a brief by Michael P. Dunn and Davis & Kuelthau, S.C., Milwaukee and oral argument by Mr. Dunn.

JON P. WILCOX, J.

This is a review under sec. (Rule) 809.62, Stats., of an unpublished court of appeals decision affirming Waukesha County Circuit Court Judge Willis J. Zick's order upholding the conclusion of the Department of Natural Resources (DNR) that an environmental impact statement (EIS) was not required with respect to a landfill proposed by Emerald Park, Inc. to be located in Muskego, Waukesha County, Wisconsin.

Petitioners challenge the adequacy...

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