JACKSON COUNTY v. STATE, D.N.R.

Nos. 2004AP2582, 2005AP545.

717 N.W.2d 713 (2006)

2006 WI 96

JACKSON COUNTY, Plaintiff-Appellant, v. STATE of Wisconsin DEPARTMENT OF NATURAL RESOURCES, Jackson County Sanitary Landfill, Inc. and Thomas McNulty, Defendants-Respondents.

Supreme Court of Wisconsin.

Decided July 11, 2006.


Attorney(s) appearing for the Case

For the plaintiff-appellant, there were briefs by Brian E. Butler, Richard C. Yde, Daniel P. Gustafson, and Stafford Rosenbaum LLP, Madison, and oral argument by Brian E. Butler.

For the defendant-respondent State of Wisconsin Department of Natural Resources, the cause was argued by Thomas J. Dawson, Assistant Attorney General, with whom on the briefs (in the court of appeals) was Peggy A. Lautenschlager.

For the defendants-respondents Jackson County Sanitary Landfill, Inc., and Thomas McNulty, there was a brief by Eric M. McLeod, Roisin H. Bell, and Michael Best & Friedrich LLP, Madison, and oral argument by Eric M. McLeod.


¶ 1 PATIENCE DRAKE ROGGENSACK, J.

This case comes to us on certification from the court of appeals. We have accepted the certification and decide only one issue: whether Jackson County (County) can rescind the County's tax deed that transferred ownership of property containing a landfill to the County, thereby unilaterally returning ownership to the prior owner, Jackson County Sanitary Landfill (JCSL), without the prior owner's consent. We conclude that the County...

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