Derosso Landfill Company v. City Oak Creek

SHIRLEY S. ABRAHAMSON, J. This is a review of a published decision of the court of appeals, DeRosso Landfill Co. v. City of Oak Creek, 191 Wis. 2d 46, 528 N.W.2d 468 (Ct. App. 1995), reversing an order of the circuit court for Milwaukee County, George A. Burns, Jr., Judge. The circuit court ordered a permanent injunction restraining the City of Oak Creek (the City) from interfering with DeRosso Landfill Company, Inc. and Gordon DeRosso (the plaintiffs) in their implementation of a plan, approved by the Department of Natural Resources (DNR), to fill with clean fill a 300,000-cubic-yard hole located on ten acres of land owned by Gordon DeRosso. 1 We reverse the decision of the court of appeals and remand the cause to the circuit court with directions to reinstate the permanent injunction. The issue presented for our review is whether a solid waste facility exempt from regulation pursuant to Wis. Stat. § 144.44(7)(g) (1993-94) 2 must nevertheless comply with a pre-existing municipal ordinance prohibiting that facility from being opened. 3