Legal Opinion

State v. Better Brite Plating, Inc.

Court of Appeals of Wisconsin

Decided February 5, 1991No. 90-0280PublishedCited by 10 opinions

1Opinion of the CourtLaROCQUE, J.

Zinc Shop, Inc., a bankrupt corporation, John Zenner and David Matyas, former trustees in the bankruptcy proceedings, appeal a summary, judgment in a civil forfeiture action that subjects the defendants to personal liability for civil forfeitures (up to $25,000 a day) and costs of cleanup (estimated up to $400,000 or more). The action was filed pursuant to the Hazardous Waste Management Act (HWMA) as set out in ch. 144, Stats. We reverse the summary judgment and remand as to Zinc Shop because the complaint failed to state a claim against it. Although the circuit court apparently granted a…

2Cases cited17 opinions

  1. Midlantic National Bank v. New Jersey Department of Environmental ProtectionSupreme Court of the United States · 1986
  2. Ohio v. KovacsSupreme Court of the United States · 1985
  3. Grams v. BossWisconsin Supreme Court · 1980
  4. Mosser v. DarrowSupreme Court of the United States · 1951
  5. Crowley v. KnappWisconsin Supreme Court · 1980

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3Cited by10 opinions

  1. Linda A. Leaf and Andrew B. Haynes v. Supreme Court of the State of Wisconsin, Board of Attorneys Professional Responsibility, Gerald SternbergCourt of Appeals for the Seventh Circuit · 1992
  2. Schechter v. Illinois, Department of Revenue (In Re Markos Gurnee Partnership)United States Bankruptcy Court, N.D. Illinois · 1995
  3. City of Edgerton v. General Casualty Co. of WisconsinCourt of Appeals of Wisconsin · 1992
  4. State Ex Rel. Webster v. Missouri Resource Recovery, Inc.Missouri Court of Appeals · 1992
  5. Bass v. AmbrosiusCourt of Appeals of Wisconsin · 1994

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