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DEROSSO LANDFILL CO. v. CITY OF OAK CREEK

No. 94-0440.

191 Wis.2d 46 (1995)

528 N.W.2d 468

DEROSSO LANDFILL COMPANY, INC., and Gordon DeRosso, Plaintiffs-Respondents, v. CITY OF OAK CREEK, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided January 10, 1995.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Lawrence J. Haskin, city attorney. There was oral argument by Lawrence J. Haskin.

On behalf of the plaintiffs-respondents, the cause was submitted on the briefs of Hugh R. Braun and Beth A. Thorson of Godfrey, Braun & Hayes, of Milwaukee. There was oral argument by Hugh R. Braun.

Before Sullivan, Fine and Schudson, JJ.

FINE, J.

The City of Oak Creek appeals from a permanent injunction entered by the trial court prohibiting Oak Creek from preventing DeRosso Landfill Company and Gordon DeRosso, DeRosso Landfill's sole stockholder, from filling with clean fill a 300,000 cubic yard hole on ten acres owned by Gordon DeRosso. We reverse.

[1]

The facts are not disputed. The hole is currently filled with water, and...

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