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CITIZENS CONCERNED FOR CRANES AND DOVES v. DNR

No. 02-1166.

270 Wis.2d 318 (2004)

2004 WI 40

677 N.W.2d 612

WISCONSIN CITIZENS CONCERNED FOR CRANES AND DOVES, John Wieneke and Pat Fisher, Plaintiffs-Respondents-Petitioners, v. WISCONSIN DEPARTMENT OF NATURAL RESOURCES, Defendant-Appellant, U.S. SPORTSMEN'S ALLIANCE FOUNDATION f/k/a Wildlife Legislative Fund of America, Defendant-Intervenor-Co-Appellant.

Supreme Court of Wisconsin.

Decided April 6, 2004.

Attorney(s) appearing for the Case

For the plaintiffs-respondents-petitioners there were briefs by George B. Strother, IV and Krekeler Strother, S.C., Madison, and oral argument by George B. Strother, IV.

For the defendant-appellant the cause was argued by Philip Peterson, assistant attorney general, with whom on the brief was Peggy A. Lautenschlager, attorney general.

For the defendant-intervenor-co-appellant there was a brief by Beth Ermatinger Hanan and Reinhart, Boerner, VanDeuren, S.C., Milwaukee, and William P. Horn, Gretchen L. Gaston and Birch, Horton, Bittner and Cherot, Washington, D.C., and oral argument by Beth Ermatinger Hanan.

I

¶ 1. JON P. WILCOX, J.

This case is an appeal of a published court of appeals decision, Wisconsin Citizens Concerned for Cranes and Doves v. DNR, 2003 WI App 76, 263 Wis.2d 370, 661 N.W.2d 858, reversing an order of the Dane County Circuit Court, Daniel R. Moeser, Judge, which declared Wis. Admin. Code § NR 10.01(1)(h) (Sept., 2000)1...

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