STATE v. BLOCK IRON & SUPPLY CO.

No. 93-0222.

183 Wis.2d 357 (1994)

515 N.W.2d 332

STATE of Wisconsin, Plaintiff-Appellant, v. BLOCK IRON & SUPPLY COMPANY, INC., a domestic corporation, and Other Persons Unknown, All Partners, Doing Business Under the Name and Style of Sadoff & Rudoy Industries, a Wisconsin general partnership, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided March 30, 1994.


Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, there were briefs by James E. Doyle, attorney general, and Jeffrey M. Gabrysiak, assistant attorney general. There was oral argument by Jeffrey M. Gabrysiak.

On behalf of the defendants-respondents, there was a brief by John A. Rothstein and Thomas P. McElligott of Quarles & Brady of Milwaukee. There was oral argument by Thomas P. McElligott.

Before Brown, Nettesheim and Snyder, JJ.


SNYDER, J.

The question presented in this case is whether the State may seek civil forfeitures under § 147.21, STATS., from a business after issuing an administrative order pursuant to § 144.76(7)(c), STATS., requiring the business to remediate pollution it caused. Sadoff & Rudoy Industries contends that § 144.76(11)(b), which prohibits the State from imposing more than one penalty for an illegal discharge, bars the State's action for civil forfeitures...

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