MAPLE LEAF FARMS v. DEPT. OF NATURAL RESOURCES

No. 00-1389.

247 Wis.2d 96 (2001)

2001 WI App 170

633 N.W.2d 720

MAPLE LEAF FARMS, INC., Plaintiff-Appellant, v. STATE of Wisconsin-DEPARTMENT OF NATURAL RESOURCES, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided July 3, 2001.


Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of and oral argument by Matthew H. Quinn of Hand & Quinn, S.C. of Racine.

On behalf of the defendant-respondent, the cause was submitted on the brief of John S. Greene, assistant attorney general, and James E. Doyle, attorney general. There was oral argument by John S. Greene.

An nonparty brief was filed by David A. Crass, Mary C. Turke and Porter J. Martin of Michael Best & Friedrich LLP of Madison.

Before Brown, P.J., Nettesheim and Snyder, JJ.


¶ 1. BROWN, P.J.

Maple Leaf Farms, Inc. (Maple Leaf) appeals from a trial court order upholding the administrative determination by the Wisconsin Department of Natural Resources (DNR) under the Wisconsin Pollution Discharge Elimination System (WPDES). Specifically, Maple Leaf contends that the DNR has no authority to prescribe conditions under which it landspreads off-site manure generated from its duck-growing facilities. We affirm the decision of the circuit...

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