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MADISON LANDFILLS, INC. v. DANE COUNTY

No. 93-0185.

183 Wis.2d 282 (1994)

515 N.W.2d 322

STATE of Wisconsin EX REL. MADISON LANDFILLS, INC., Petitioner-Appellant, v. DANE COUNTY, Respondent-Respondent.

Court of Appeals of Wisconsin.

Decided March 24, 1994.

Attorney(s) appearing for the Case

For the petitioner-appellant the cause was submitted on the brief of William E. Callahan, Jr., Peter J. Ruud, and Brett K. Miller of Davis & Kuelthau, S.C. of Milwaukee.

For the respondent-respondent the cause was submitted on the brief of Cal W. Kornstedt, Dane County Corporation Counsel, with Jerre L. Ziebelman, assistant corporation counsel, of Madison.

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

GARTZKE, P.J.

Madison Landfills, Inc. (MLI) appeals from an order dismissing its petition for certiorari. MLI brought certiorari in circuit court for review of Dane County's denial of MLI's petition to rezone property in the Town of Blooming Grove which MLI had acquired to develop a landfill. MLI contends that (1) the denial of its petition is arbitrary, capricious and unreasonable; (2) the denial amounts to inverse condemnation or a regulatory taking of its property...

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