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STATE TO DROP CRANBERRY SUIT

Wednesday, February 6th, 2008 -- 10:18 AM

The state is ending its lawsuit against a cranberry grower after an appeals court ruled in the man's favor today.

The District 3 Court of Appeals says the grower was discharging phosphorus into a northwestern Wisconsin lake but his actions did not create a public nuisance.

The case has been closely watched by farm and environmental groups and was an issue in the 2006 race for attorney general.

Former Attorney General Peg Lautenschlager filed the lawsuit in 2004 to try to force William Zawistowski to stop releasing phosphorus from fertilizer into Musky Bay. She claimed the pollution disrupted the public's ability to participate in recreational activities such as fishing and boating.

But J.B. Van Hollen claimed during his 2006 campaign for attorney general the case was a waste of time.

A spokeswoman for Governor Doyle says the state will drop the case after today's ruling rather than appeal to the Wisconsin Supreme Court.

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