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DEPT. OF TRANSP. v. COM'R OF TRANSP.

No. 90-2203.

166 Wis.2d 149 (1991)

479 N.W.2d 193

Wisconsin DEPARTMENT OF TRANSPORTATION, Petitioner-Appellant-Cross Respondent, v. OFFICE OF the COMMISSIONER OF TRANSPORTATION, Respondent-Cross Respondent, SKYCOM, INC., a Wisconsin corporation, Intervenor-Respondent-Cross Appellant.

Court of Appeals of Wisconsin.

Decided December 12, 1991.

Attorney(s) appearing for the Case

For the petitioner-appellant-cross respondent the cause was submitted on the briefs of Donald J. Hanaway, former attorney general, James E. Doyle, present attorney general, Jerry L. Hancock, assistant attorney general, Robert A. Selk, assistant attorney general, and L. Joseph Maassen, deputy general counsel.

For the respondent-cross respondent the cause was submitted on the briefs of Mark F. Kaiser, legal counsel for the Office of the Commissioner of Transportation.

For the intervenor-respondent-cross appellant the cause was submitted on the briefs of Raymond M. Roder of Whyte & Hirschboeck of Madison.

Before Eich, C.J., Gartzke, P.J., and Sundby, J.

SUNDBY, J.

The Wisconsin Department of Transportation appeals under sec. 227.58, Stats., from an order of the circuit court affirming a decision and order of the Office of the Commissioner of Transportation. On January 12, 1990, after a contested case hearing, the commissioner ordered the department's Bureau of Aeronautics to issue a permit to Skycom, Inc. to erect a tall tower for the purpose of transmitting television

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