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LAMAR CENTRAL OUTDOOR v. DIV. OF HEARINGS

No. 2017AP1823.

936 N.W.2d 573 (2019)

2019 WI 109

LAMAR CENTRAL OUTDOOR, LLC d/b/a Lamar Advertising of Central Wisconsin and TLC Properties, Inc., Petitioners-Appellants-Petitioners, v. State of Wisconsin DIVISION OF HEARINGS & APPEALS, Respondent-Respondent, State of Wisconsin Department of Transportation, Other Party.

Supreme Court of Wisconsin.

Opinion Filed: December 19, 2019.

Attorney(s) appearing for the Case

For the petitioners-appellants-petitioners, there were briefs filed by Thomas S. Hornig , Kraig A. Byron , and von Briesen & Roper, S.C., Madison. There was an oral argument by Thomas S. Hornig.

For the respondent-respondent, there was a brief filed by Thomas C. Bellavia , assistant attorney general; with whom on the brief was Joshua L. Kaul , attorney general. There was an oral argument by Thomas C. Bellavia.

There was an amicus curiae brief filed on behalf of Wisconsin Manufacturers & Commerce, Midwest Food Products Association, Outdoor Advertising Association of Wisconsin, Wisconsin Cheese Makers Association and Wisconsin Dairy Alliance by Robert I. Fassbender and Great Lakes Legal Foundation, Madison. There was an oral argument by Robert I. Fassbender.

KELLY, J., delivered the majority opinion of the Court, in which ROGGENSACK, C.J., ANN WALSH BRADLEY, ZIEGLER, REBECCA GRASSL BRADLEY, DALLET, and HAGEDORN, JJ., joined.

¶1 From time to time an administrative agency changes its interpretation of a statute in a manner that adversely affects a regulated activity. Here, an agency developed a new statutory interpretation that prohibited the owner of a roadside sign from remedying a modification that caused

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