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WISCONSIN BUILDERS ASS'N v. WISCONSIN DEP'T OF TRANSP.

No. 2004AP2388.

285 Wis.2d 472 (2005)

2005 WI App 160

702 N.W.2d 433

WISCONSIN BUILDERS ASSOCIATION, Wisconsin Merchants Federation, Wisconsin Manufacturers and Commerce, Wisconsin Realtors Association, Lake States Lumber Association of Wisconsin & Michigan, National Federation of Independent Business Wisconsin Chapter, Outdoor Advertising Association of Wisconsin, Timber Producers Association of Wisconsin & Michigan, Wisconsin Fireworks Association and Wisconsin Grocers Association and Wisconsin Farm Bureau Federation Cooperative, Plaintiffs-Respondents, v. WISCONSIN DEPARTMENT OF TRANSPORTATION and Frank J. Busalacchi, Defendants-Appellants.

Court of Appeals of Wisconsin.

Decided June 16, 2005.

Attorney(s) appearing for the Case

On behalf of the defendants-appellants, the cause was submitted on the briefs of Peggy A. Lautenschlager, attorney general, and Thomas C. Bellavia, assistant attorney general.

On behalf of the plaintiffs-respondents, the cause was submitted on the brief of John A. Kassner and Jennifer M. Krueger, Murphy Desmond S.C., Madison.

Before Deininger, P.J., Dykman and Vergeront, JJ.

¶ 1. VERGERONT, J.

The Wisconsin Builders Association and others1 challenge the validity of certain provisions of WIS. ADMIN. CODE ch. TRANS 233, as amended in 1999 and 2001, on the ground that they are not statutorily authorized and effect an unconstitutional taking of property without just compensation. The challenged rules concern land divisions...

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