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SILVER LAKE SANITARY DIST. v. DNR

No. 99-0620.

232 Wis.2d 217 (1999)

2000 WI App 19

607 N.W.2d 50

SILVER LAKE SANITARY DISTRICT, Petitioner-Appellant, v. WISCONSIN DEPARTMENT OF NATURAL RESOURCES, Respondent-Respondent.

Court of Appeals of Wisconsin.

Decided December 9, 1999.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of H. Stanley Riffle of Arenz, Molter, Macy & Riffle, S.C. of Waukesha.

On behalf of the respondent-respondent, the cause was submitted on the brief of James E. Doyle, attorney general, and Joanne F. Kloppenburg, assistant attorney general.

Before Eich, Vergeront and Roggensack, JJ.

¶ 1. ROGGENSACK, J.

Silver Lake Sanitary District appeals from two orders of the circuit court determining that the Department of Natural Resources (DNR) had standing to challenge the constitutionality of §§ 30.2037 and 30.103, STATS., and also that these statutes were unconstitutional. Because we conclude that the DNR does not have standing to challenge the constitutionality of these statutes, we reverse both orders and remand with instructions to...

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