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WILSON MUT. INS. CO. v. FALK

Nos. 2013AP691, 2013AP776.

844 N.W.2d 380 (2013)

352 Wis.2d 461

2014 WI App 10

WILSON MUTUAL INSURANCE COMPANY, Plaintiff-Respondent, v. Robert FALK and Jane Falk, Defendants-Appellants, State of Wisconsin Department of Natural Resources, Lee Laatsch, Michael Jante, Jessica Jante, Ruth Hetzel, Jeff Wiedmeyer, Kimber Wiedmeyer, Paul Lorge, Tammy Lorge, Paul Wilkins, Addicus Jante and Trilogy Health Insurance Inc., Defendants. Wilson Mutual Insurance Company, Plaintiff-Respondent, v. Robert Falk, Jane Falk, State of Wisconsin Department of Natural Resources, Lee Laatsch, Ruth Hetzel, Paul Wilkins and Trilogy Health Insurance, Inc., Defendants, Michael Jante, Jessica Jante, Jeff Wiedmeyer, Kimber Wiedmeyer, Paul Lorge, Tammy Lorge and Addicus Jante, Defendants-Appellants.

Court of Appeals of Wisconsin.

Opinion Filed December 11, 2013.

Attorney(s) appearing for the Case

On behalf of the defendants-appellants (Robert and Jane Falk), the cause was submitted on the briefs of Ronald R. Ragatz of DeWitt Ross & Stevens, Madison.

On behalf of the defendants-appellants (Michael & Jessica Jante, Jeff & Kimber Wiedmeyer, Paul & Tammy Lorge and Addicus Jante), the cause was submitted on the briefs of Ryan J. Hetzel of Hetzel & Nelson, West Bend.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Ryan R. Graff and Katelyn P. Sandfort of Nash, Spindler, Grimstad & McCracken LLP, Manitowoc.

Before BROWN, C.J., REILLY and GUNDRUM, JJ.

REILLY, J.

¶ 1 Manure has long been a normal and necessary part of the operation of a dairy farm. Dairy farmers have cows. Cows produce milk and manure. Dairy farmers utilize both milk and manure as assets to their farm operations: farmers sell milk, and farmers spread manure on their fields as a nutrient. The fields provide feed for the cows who repeat the cycle of milk and manure.

¶ 2 The issue raised in this appeal is whether cow manure is a pollutant...

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