STATE v. T.J. McQUAY, INC.

No. 2007AP2449.

763 N.W.2d 148 (2008)

2008 WI App 177

STATE of Wisconsin, Plaintiff-Respondent, v. T.J. McQUAY, INC., Defendant, SCS of Wisconsin, Inc., Defendant-Appellant.

Court of Appeals of Wisconsin.

Opinion Filed November 25, 2008.


Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of John E. Machulak of Machulak, Robertson & Sodos, S.C., of Milwaukee.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of J.B. Van Hollen, attorney general, and Steven E. Tinker, assistant attorney general.

Before CURLEY, P.J., FINE and KESSLER, JJ.


¶ 1 CURLEY, P.J.

SCS of Wisconsin, Inc. (SCS) appeals from a judgment entered against it following a court trial. SCS makes the following arguments: the record does not support a number of the trial court's findings; it was not an "operator" within the meaning of WIS. ADMIN. CODE ch. NR 447 (June 2004); the trial court erroneously exercised its discretion by imposing excessive statutory forfeitures; and the trial court erred in deciding that it was not entitled...

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