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LEAGUE OF MUNICIPALITIES v. DEPT. OF COMMERCE

No. 01-1035.

256 Wis.2d 183 (2002)

2002 WI App 137

647 N.W.2d 301

LEAGUE OF WISCONSIN MUNICIPALITIES, Plaintiff, 1000 FRIENDS OF WISCONSIN, Municipal Environmental Group, Citizens For A Better Environment, River Alliance of Wisconsin, Inc., and Town of Caledonia, Plaintiffs-Appellants, v. WISCONSIN DEPARTMENT OF COMMERCE, Defendant-Respondent, WISCONSIN BUILDERS ASSOCIATION, Wisconsin Realtors Association, Lee Realty of Sheboygan, Inc., Wisconsin On-Site Waste Disposal Association, Dane County Towns Association, Town of Washington, Dean Blegen, Del Weiff and Wisconsin Farm Bureau, Intervenors-Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided May 9, 2002.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of Richard L. Bolton of Boardman, Suhr, Curry & Field, LLP and Paul G. Kent of Davis & Kuelthau, S.C., Madison.

On behalf of the defendant-respondent, the cause was submitted on the brief of Frank D. Remington, assistant attorney general, Robert A. Selk, assistant attorney general, Thomas C. Bellavia, assistant attorney general, and James E. Doyle, attorney general.

On behalf of the intervenors-defendants-respondents, the cause was submitted on the brief of Douglas B. Clark of Foley & Lardner, Madison.

Before Roggensack, Deininger and Lundsten, JJ.

¶ 1. DEININGER, J.

1000 Friends of Wisconsin, three other environmental organizations and a township appeal a circuit court order denying their request for a judgment declaring WIS. ADMIN. CODE ch. Comm 83 ("Private Onsite Wastewater Treatment Systems") invalid.1 The Department of Commerce and several intervenors respond to defend the validity of the regulations. The Friends make three claims: (1) that ch. Comm 83 does not comply...

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