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MEWS v. DEPARTMENT OF COMMERCE

No. 03-0055.

269 Wis.2d 641 (2004)

2004 WI App 24

676 N.W.2d 160

James MEWS and Mews Companies, Inc., Petitioners-Appellants, v. WISCONSIN DEPARTMENT OF COMMERCE, Respondent-Respondent.

Court of Appeals of Wisconsin.

Decided January 7, 2004.

Attorney(s) appearing for the Case

On behalf of the petitioners-appellants, the cause was submitted on the briefs of Pamela H. Schaefer and Carolyn A. Sullivan of Reinhart, Boerner, Van Deuren, S.C., Waukesha. There was oral argument by Pamela H. Schaefer.

On behalf of the respondent-respondent, the cause was submitted on the brief of Steven B. Wickland, assistant attorney general, and Peggy A. Lautenschlager, attorney general. There was oral argument by Steven B. Wickland.

A nonparty brief was filed by Thomas L. Skalmoski of Weiss Berzowski Brady LLP, Milwaukee, for the Petroleum Marketers Ass'n of Wisconsin/Wisconsin Ass'n of Convenience Stores, Inc., Wisconsin Federation of Cooperatives, and Wisconsin Fabricare Institute.

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

¶ 1. SNYDER, J.

James Mews and Mews Companies, Inc., (together, Mews) appeal an order sustaining a Wisconsin Department of Commerce (DOC) decision limiting Mews's reimbursement for site clean-up expenses associated with contamination from three underground storage tanks. The crux of the dispute is whether the contamination emanating from these tanks constituted one "occurrence" under the Wisconsin Petroleum Environmental Cleanup Fund Act (PECFA), WIS. STAT. ...

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