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TOWN OF SOMERSET v. WISCONSIN DNR.

No. 2010AP1501.

798 N.W.2d 282 (2011)

2011 WI App 55

TOWN OF SOMERSET, Petitioner-Appellant, v. WISCONSIN DEPARTMENT OF NATURAL RESOURCES and Village of Somerset, Respondents-Respondents.

Court of Appeals of Wisconsin.

Opinion Filed March 29, 2011.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Michael J. Brose and Christine A. Rasmussen of Doar, Drill & Skow, S.C., New Richmond.

On behalf of the respondent-respondent, Wisconsin Department of Natural Resources, the cause was submitted on the brief of Diane L. Milligan , assistant attorney general, and J.B. Van Hollen , attorney general.

Before HOOVER, P.J., PETERSON and BRUNNER, JJ.

PETERSON, J.

¶ 1 In 1987, the owner of property in the Town of Somerset enrolled the property in the Department of Natural Resources' managed forest land (MFL) program. The Village of Somerset later annexed and purchased the property and withdrew it from the MFL program. When it withdrew the property, the Village paid the Department a withdrawal tax. In turn, WISCONSIN STAT. § 77.89(1)1 required the Department to pay the withdrawal...

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