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CITY OF OAK CREEK v. MILWAUKEE METRO. SEWERAGE DIST.

Civ. A. No. 83-C-221.

576 F.Supp. 482 (1983)

CITY OF OAK CREEK, Patricia Holzman, Roland Dittmar, Earl Giefer, Edna Mordja, Lois Arsand, Gail Voss, Dr. Frederick J. Hofmeister, First Baptist Church, Inc., Plaintiffs, v. MILWAUKEE METROPOLITAN SEWERAGE DISTRICT, Milwaukee Metropolitan Sewerage Commission, O.C. White, Vinton W. Bacon, Edwin J. Laszewski, Mary M. Wilkinson, Charles E. Gillett, Ted Fadrow, Kristine Martinsek, Milton Vretanar, James C. Newcomb, James J. Mortier, Francis Wasielewski, Defendants.

United States District Court, E.D. Wisconsin.

December 14, 1983.

Attorney(s) appearing for the Case

Alan Cutler Weinstein, Milwaukee, Wis., and Patrick Walsh, Thomas, Parsons, Schaefer & Bauman, S.C., Madison, Wis., for plaintiffs.

David S. Branch, Senior Staff Atty., Milwaukee Metropolitan Sewerage Dist., Milwaukee, Wis., for defendants.

FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION AND ORDER

REYNOLDS, Chief Judge.

At issue in this case is whether this court may enjoin the Milwaukee Metropolitan Sewerage District ("Sewerage District" or "District") from condemning certain property in the City of Oak Creek for use as a landfill site for solid wastes discharged from the District's two treatment plants. The injunction is sought under 42 U.S.C. § 1983 to forestall a threatened violation...

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