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HEIER'S TRUCKING, INC. v. WAUPACA COUNTY

No. 96-3711.

212 Wis.2d 593 (1997)

569 N.W.2d 352

HEIER'S TRUCKING, INC., a Wisconsin Corporation, Plaintiff-Respondent, v. WAUPACA COUNTY, and Waupaca County Solid Waste Board, Defendants-Appellants.

Court of Appeals of Wisconsin.

Decided July 31, 1997.

Attorney(s) appearing for the Case

On behalf of the defendants-appellants, the cause was submitted on the briefs of Jeffrey J. Siewert, Waupaca County Corporation Counsel, and Edward J. Williams, James R. Macy and Timothy J. McCoy of Godfrey & Kahn, S.C.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Jonathan A. Olson of Werner, Lingren & Johnson, S.C.

Before Eich, C.J., Vergeront and Roggensack, JJ.

VERGERONT, J.

This appeal concerns a Waupaca County recycling ordinance that requires all recyclables collected in municipalities that have designated the County as the "responsible unit" to be delivered to the Waupaca County Processing Facility. WAUPACA COUNTY, WIS., RECYCLING ORDINANCE § 20.15(1) (1995). Waupaca County and Waupaca County Solid Waste Management Board appeal from a judgment declaring this "flow control" provision of the ordinance invalid and...

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