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WISCONSIN BLDRS. ASS'N v. STATE, DEPT. OF COMMERCE

No. 2008AP1438.

762 N.W.2d 845 (2008)

2009 WI App 20

WISCONSIN BUILDERS ASSOCIATION, Plaintiff-Appellant, v. STATE of Wisconsin DEPARTMENT OF COMMERCE, Defendant-Respondent.

Court of Appeals of Wisconsin.

Opinion Filed December 23, 2008.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Charles V. Sweeney and Lori M. Lubinsky of Axley Brynelson, LLP, Madison.

On behalf of the defendant-respondent, the cause was submitted on the brief of Christopher J. Blythe, asst. attorney general, and J.B. Van Hollen, attorney general.

Before HIGGINBOTHAM, P.J., VERGERONT and BRIDGE, JJ.

¶ 1 VERGERONT, J.

The issue on this appeal is whether WIS. ADMIN. CODE § COMM 62.0903(6) (Feb. 2008),1 addressing automatic fire sprinkler systems in multifamily dwellings, conflicts with WIS. STAT. § 101.14(4m)(b) (2005-06),2 which addresses the same topic. The circuit court concluded there was no conflict because the rule required automatic fire sprinkler systems in multifamily dwellings with...

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