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DALY v. NATURAL RESOURCES BOARD

Nos. 218, 219.

60 Wis.2d 208 (1973)

208 N.W.2d 839

DALY and others, Appellants, v. NATURAL RESOURCES BOARD, Respondent. MCCONNELL, Public Intervenor, Appellant, v. NATURAL RESOURCES BOARD, Respondent.

Supreme Court of Wisconsin.

Decided June 29, 1973.

Attorney(s) appearing for the Case

For the appellants there was a brief by Joseph F. Preloznik and Mary V. G. Thoenig, Wisconsin Judicare, of Madison, and oral argument by Mr. Preloznik.

For the respondents there was a brief by W. Scott Van Alstyne, Jr., of Madison, special counsel for the department of natural resources and natural resources board, and Charles J. Herro of Oconomowoc, of counsel, for N. E. Isaacson & Associates, Inc., and Menominee Enterprises, Inc., d/b/a Lakes of the Menominees, and oral argument by Mr. Vain Alstyne.

BEILFUSS, J.

The appellants contend (1) that the proceeding before the DNR was a contested case and not a legislative hearing, (2) that due process "fair-play" requirements of ch. 227, Stats., for a contested case were not complied with, (3) that the notice requirements of sec. 31.06 (2) were not complied with, and (4) that findings of fact of the DNR were not supported by "substantial evidence in view of the record as a...

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