00-2968 Mayer, et al. v. State of Wisconsin Department of Agriculture

By: dmc-admin//October 22, 2001//

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The State of Wisconsin Department of Agriculture appeals a judgment that it lacks statutory authority to issue orders regarding the liability of trustees and sureties to pay producers. The department contends that it has either express or implied statutory authority, under Wis. Stat. chs. 93 and 100, to order payment to milk producers and determine trustee liability. The trustees maintain that the department lacks express or implied authority. We conclude that, when chs. 93 and 100 are read together, statutory authority to determine trustee breaches of obligation is necessarily implied. Our resolution of this case does not require us to address the cross-appeal.

We reverse the judgment of the trial court.

Not recommended for publication in the official reports.

Dist III, Eau Claire County, Stark, J., Hoover, P.J.

Attorneys:

For Appellant: Stephen J. Nicks, Madison

For Respondent: Kim Grimmer, Madison; Daniel A. Enright, Eau Claire; Jeanette C. Lytle, Madison

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