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STATE v. ST. CROIX COUNTY

No. 02-1645.

266 Wis.2d 498 (2002)

2003 WI App 173

668 N.W.2d 743

STATE of Wisconsin, Plaintiff-Respondent, v. ST. CROIX COUNTY, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided July 10, 2003.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Gregory A. Timmerman, corporation counsel for St. Croix County of Hudson.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Lorraine C. Stoltzfus, assistant attorney general, and James E. Doyle, attorney general.

Before Roggensack, Deininger and Lundsten, JJ.

¶ 1. ROGGENSACK, J.

At the State's direction, St. Croix County passed a zoning ordinance (the riverway ordinance) to regulate the portion of the Lower St. Croix River that lies within the County. Later, the County amended the riverway ordinance so that it did not apply to the portion of the Lower St. Croix River that is under federal administration. This left that portion of the river without riverway zoning adequate to meet the State's mandate to the County...

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