[270]*270DAVID T. PROSSER, J.
¶ 1. This is a review of a published decision of the court of appeals, Preston v. Meriter Hospital, Inc., 2004 WI App 61, 271 Wis. 2d 721, 678 N.W.2d 347. Shannon Preston and Charles Johnson, in their personal capacity and as personal representatives of their son Bridon's estate, filed a complaint asserting four claims against Meriter Hospital and the Wisconsin Patients Compensation Fund.1 The court of appeals affirmed the circuit court's grant of summary judgment to Meriter on all four claims, but it determined that the plaintiffs claim under the Emergency Medical Treatment and Active Labor Act (EMTALA), 42 U.S.C. § 1395dd (1994),2 really amounted to two claims, one of which was not addressed and thus dismissed by the circuit court. Preston petitioned this court to review the dismissal of this second EMTALA claim, that Meriter Hospital failed to give Bridón an appropriate medical screening examination in violation of 42 U.S.C. § 1395dd(a).
[271]*271¶ 2. EMTALA requires a hospital with an emergency department to provide "an appropriate medical screening examination" to any individual who "comes to the emergency department" with a request to be examined or treated for a medical condition. 42 U.S.C. § 1395dd(a). The court of appeals concluded that this EMTALA requirement did not apply to Bridón because he arrived at Meriter through the birthing center, not the emergency room. Preston, 271 Wis. 2d 721, ¶¶ 37, 39. We must resolve whether the EMTALA screening requirement applies to an infant born in a hospital birthing center. Specifically, we must interpret whether the statutory phrase "comes to the emergency department" requires a baby to be born in a hospital emergency room for the EMTALA screening requirement to apply.
¶ 3. Preston argues that the court of appeals' narrow interpretation of § 1395dd(a) is not consistent with the intent of EMTALA, and that a hospital's emergency department encompasses its birthing center. Thus, Meriter had a duty to screen Bridón. Conversely, Meriter argues that EMTALA does not impose a duty to screen a newborn presented in the birthing center, because the birthing center is not "the emergency department" and because, in Bridon's case, he was an "inpatient," to whom the EMTALA screening requirement does not apply.
¶ 4. We agree with Preston with respect to the hospital's duty to screen.3 Based on the allegations in the complaint, Meriter had a duty to give Bridón an appropriate screening examination to determine whether he had an emergency medical condition. When [272]*272a baby is born in a hospital birthing center, the newborn has come to the emergency department for purposes of the EMTALA duty to provide a medical screening examination. Because the court of appeals interpreted EMTALA differently, we reverse.
¶ 5. This case involves a grant of summary judgment by the circuit court. However, the court of appeals reviewed Meriter's motion on Preston’s EMTALA screening claim as if it were a motion to dismiss rather than a summary judgment motion. Here, our review is de novo, whether we apply the methodology appropriate for review where summary judgment has been granted or the methodology for review where a motion to dismiss has been granted, benefiting as usual from the analyses of the circuit court and the court of appeals. Under these circumstances, we will review the Meriter motion on the EMTALA screening claim in a manner similar to that of the court of appeals. Consequently, we decide merely whether the requirement of EMTALA, that any individual who "comes to the emergency department" of a hospital must be provided appropriate medical screening, applies to an infant born in an emergency medical condition at a hospital's birthing facility. We do not decide whether Meriter's response to Bridon's presence satisfied its duty to provide an appropriate medical screening examination.
I. FACTS AND PROCEDURAL HISTORY
¶ 6. Preston arrived at Meriter Hospital in Madison on November 9, 1999, at 5:33 p.m. She was 23-and-2/7ths weeks pregnant and had leaked amniotic fluid for a number of days. At the time of her hospitalization, Preston was unemployed and on Medical Assistance.
¶ 7. Preston was admitted to the hospital and taken to the birthing center. There, physicians per[273]*273formed an ultrasound to evaluate the unborn child's condition. At 3:55 a.m. the following morning, Preston gave birth to a son whom she named Bridón Michael Johnson. The child weighed 700 grams. The hospital staff made no attempt to prolong the baby's life, and Bridón died two-and-a-half hours later.
¶ 8. Preston's complaint alleged the following:
4. On November 10,1999 Plaintiff, Shannon Preston, gave birth on an emergency basis to Plaintiffs' decedent, Bridón Michael Johnson while an inpatient at Defendant Meriter Hospital, Inc.
5. Following the birth of the minor child, Defendant Meriter Hospital, Inc.'s employees and agents were aware of the birth of the child and aware of his emergent need of medical care, but failed, refused, and neglected to provide any care whatsoever to the newborn infant, who was at a gestational age of 23 and 2/7th weeks, weighed one and one half pounds, and was 13 inches in length.
6. Defendant Meriter Hospital, Inc. and its employees knew, that without at a minimum resuscitation and the administration of oxygen and fluids, that the infant child had virtually no medical chance to survive, but nevertheless intentionally withheld all treatment for the infant child who therefore died after two and one half hours of life.
14. The conduct of the Defendant Meriter Hospital, Inc. and its employees was in violation of 42 U.S.C. §1395dd.
15. Plaintiffs Bridón Michael Johnson and Shannon Preston were discriminated against and refused [274]*274treatment because they lacked private health insurance, contrary to 42 U.S.C. § 1395dd....
Paragraphs 14 and 15 were printed under the heading "EMTALA CLAIM."
¶ 9. Preston sued Meriter for (1) medical negligence; (2) failure to obtain informed consent; and (3) neglect of a patient, contrary to Wis. Stat. § 940.295(l)(j)l. (1997-98),4 in addition to (4) violation of EMTALA. The Dane County Circuit Court, Stuart A. Schwartz, Judge, granted Meriter summary judgment on all four of Preston's claims. The circuit court dismissed Preston's medical malpractice claim for failure to identify an expert witness. It dismissed her claim for patient neglect because Wis. Stat. § 940.295(l)(j)l. is part of the criminal code and does not create a private cause of action. It dismissed her informed consent claim because such claims cannot be brought against a hospital. It also dismissed her EMTALA claim.
¶ 10. Following Meriter's motion for summary judgment, the court received additional evidence. The court was told that Meriter physicians had determined, based on the prebirth ultrasound, that Bridon's lungs were so underdeveloped that he would likely die shortly after being born. The court was told health care personnel made observations of Bridón shortly after his birth and assigned Bridón an Apgar score of one.5 Based [275]*275on this information and because Preston did not particularize her EMTALA claim, the court interpreted the claim as one of failing to stabilize the medical condition of an individual who comes to the hospital, in violation of 42 U.S.C. § 1395dd(b). The court stated: "Preston's complaint focuses on the hospital's failure to treat/resuscitate Bridón immediately after his birth. This allegation appears to implicate the EMTALA's stabilization requirement and not the screening requirement." The court reached this conclusion at least in part because Preston stated in a brief to the court that:
There are many obligations under the EMTALA statute including an obligation to stabilize severely ill people before transferring them or discharging them, as well as mandated uniform methods for screening patients in emergency rooms et. al. None of those requirements is a consideration in the Preston case, since we are only claiming that Meriter Hospital failed to stabilize an acutely ill newborn, Bridón Johnson.
(Emphasis added.) This statement to the court supplies the basis for Meriter's argument that Preston waived any claim that Meriter failed to provide an appropriate medical screening examination.
¶ 11. Although the circuit court granted summary judgment to Meriter on the hospital's motion, it focused on EMTALA's stabilization requirement and did not rule directly on a claim that Meriter violated EMTALA's screening requirement. The court of appeals reviewed Preston's screening claim pursuant to the motion-to-dismiss methodology. Preston, 271 Wis. 2d 721, ¶ 30 ("We consider the facts pled true and construe inferences from the pleadings in favor of the party against whom the motion is brought.").
[276]*276¶ 12. As noted previously, because our review is de novo, whether we apply the methodology appropriate for review where summary judgment has been granted or the methodology for review where a motion to dismiss has been granted, we will review the circuit court's grant of summary judgment on Preston's screening claim as if it were decided on a motion to dismiss. See Johnson v. Rogers Mem'l Hosp., Inc., 2001 WI 68, ¶ 10 n.3, 244 Wis.2d 364, 627 N.W.2d 890 (noting that although the defendant moved for summary judgment, because the circuit court decided the case as a motion to dismiss, we review the motion in a similar manner).
II. STANDARD OF REVIEW
¶ 13. This case requires us to review the dismissal of part of a complaint for failure to state a claim upon which relief can be granted. Whether a complaint states a claim is a question of law that we review de novo. Beloit Liquidating Trust v. Grade, 2004 WI 39, ¶ 17, 270 Wis. 2d 356, 369, 677 N.W.2d 298. For purposes of determining whether a complaint is legally sufficient, we: (1) accept all facts pleaded as true; (2) derive all reasonable inferences from those facts; and (3) construe those facts and inferences in the light most favorable to the plaintiff. Thus, a court properly grants a motion to dismiss only if it is clear that "a plaintiff cannot recover under any circumstances." Id.; see Johnson, 244 Wis. 2d 364, ¶ 15.
¶ 14. To decide whether Preston's complaint states an EMTALA claim for which relief can be granted, we must interpret a federal statute. Statutory [277]*277interpretation is a question of law that we review de novo. Seider v. O'Connell, 2000 WI 76, ¶ 26, 236 Wis. 2d 211, 612 N.W.2d 659.
III. ANALYSIS
¶ 15. Before considering the substance of Preston's EMTALA claim, we digress briefly into the realm of waiver.
A. Waiver
¶ 16. Waiver is the "voluntary and intentional relinquishment of a known right." Milas v. Labor Ass'n of Wis., Inc., 214 Wis. 2d 1, 9, 571 N.W.2d 656 (1997). The general rule is that a party waives a claim that is "neither pleaded nor argued to the trial court," and such a claim will not be considered on appeal. Stern v. Credit Bureau of Milwaukee, 105 Wis. 2d 647, 654-55, 315 N.W.2d 511, 515-16 (Ct. App. 1981). There are exceptions to this rule. Thus, when an issue involves a question of law, has been briefed by the opposing parties, and is of sufficient public interest to merit a decision, this court has discretion to address the issue. Apex Elecs. Corp. v. Gee, 217 Wis. 2d 378, 384, 577 N.W.2d 23 (1998). Waiver is merely a rule of "administration and does not involve the court's power to address the issues raised." Wirth v. Ehly, 93 Wis. 2d 433, 444, 287 N.W.2d 140 (1980).
¶ 17. Although Preston's statements to the court arguably support the conclusion that Preston waived her EMTALA claim for failure to screen, we will exercise our discretion to consider the merits of this dispute. [278]*278This case fits squarely within the exception to waiver: (1) the interpretation of the statutory phrase "comes to the emergency department" is a question of law; (2) both parties have fully briefed this issue before the court of appeals and this court; and (3) the determination of a hospital's duty to screen newborn infants is of sufficient public interest to warrant review. In addition, the court of appeals has addressed the issue in a published opinion. Preston, 271 Wis. 2d 721.
B. Interpretation of EMTALA
¶ 18. The parties dispute the meaning of the phrase "comes to the emergency department" in 42 U.S.C. § 1395dd(a). In its entirety, this subsection states:
(a) Medical screening requirement
In the case of a hospital that has a hospital emergency department, if any individual (whether or not eligible for benefits under this subchapter) comes to the emergency department and a request is made on the individual's behalf for examination or treatment for a medical condition, the hospital must provide for an appropriate medical screening examination within the capability of the hospital's emergency department, including ancillary services routinely available to the emergency department, to determine whether or not an emergency medical condition (within the meaning of subsection (e)(1) of this section) exists.
42 U.S.C. 1395dd(a) (emphasis added).
¶ 19. Preston argues that the phrase comes to the emergency department implies a duty to screen any time an individual arrives at a place in a hospital with the capacity to respond to a request for emergency [279]*279medical care. Meriter takes the position that the phrase comes to the emergency department means that it has a duty to screen only when an individual arrives at an identified location. It points to the distinction between the phrase comes to the emergency department in 1395dd(a) and the phrase comes to the hospital in 1395dd(b), and asks how the two phrases can mean the same thing. Preston's interpretation of emergency department is functional. Meriter's definition of emergency department is spatial.
¶ 20. A statute is not ambiguous simply because the parties disagree as to its meaning. State ex rel. Kalal v. Circuit Court for Dane County, 2004 WI 58, 47, 271 Wis. 2d 633, 681 N.W.2d 110; Seider, 236 Wis. 2d at 227. Rather, a statute is ambiguous if reasonable people can understand it in more than one way. Kalal, 271 Wis. 2d 633, 47. Analysis of statutory ambiguity begins with the statutory language itself. Id., 45; Keup v. DHFS, 2004 WI 16, 17, 269 Wis. 2d 59, 75, 675 N.W.2d 755. When the statutory language is clear and unambiguous, we do not look beyond the plain words, although legislative history may be consulted to confirm or verify a plain-meaning interpretation. Kalal, 271 Wis. 2d 633, 45, 51. If statutory language is ambiguous after considering the statute's plain words as well as its intrinsic scope, context, and purpose, then we may use relevant extrinsic sources, including administrative regulations and legislative history to ascertain the legislatively intended meaning. Keup, 269 Wis. 2d 59, 13-17; see Kalal, 271 Wis. 2d 633, 50-51.
¶ 21. The text of 1395dd(a) does not lead us inexorably to either a spatial or functional interpretation of emergency department. Both interpretations are reasonable. On one hand, emergency department may he [280]*280synonymous with emergency room, suggesting a spatial definition. If we were to apply Meriter's proposed definition of emergency department, the Meriter birthing center would not be encompassed by the term, and Meriter would have no EMTALA duty to Bridón under 1395dd(a). On the other hand, a department may also denote a division that specializes in a particular product, service, or field of knowledge. See American Heritage Dictionary of the English Language 501 (3d ed. 1992). This latter interpretation implicates any area of the hospitalnot just the emergency roomthat routinely supplies care for an emergency medical condition.6 If we were to apply Preston's definition of emergency department, a birthing center would be encompassed by the term, since it specializes in treating the emergency medical conditions common to premature infants.
[281]*281¶ 22. We do not agree with Meriter that comparing the differing phrases in 1395dd(a) and (b) makes the phrase comes to the emergency department in subsection (a) clear and unambiguous. Even Meriter's counsel was unable to delineate the boundaries of Meriter's emergency department, especially when pressed on ancillary services. Acknowledging a distinction between the emergency department and the hospital does not lead to the conclusion that emergency department means the emergency room.
¶ 23. Because conflicting interpretations of comes to the emergency department are reasonable, we must look to extrinsic sources for guidance in determining the legislative intent of the statute. See Kalal, 271 Wis. 2d 633, 50 (Wisconsin courts ordinarily do not consult extrinsic sources of statutory interpretation unless the language of the statute is ambiguous.).
1. Legislative History
¶ 24. Congress enacted EMTALA in 1986 in response to reports that hospitals were refusing to treat patients who did not have medical insurance. 100 Stat. 82 (1986); H.R. Rep. No. 241, 99th Cong., 1st Sess., pt. 1, at 27 (1985). Courts and commentators commonly refer to EMTALA as the Anti-Patient Dumping Act. See e.g., Baber v. Hosp. Corp. of Am., 977 F.2d 872, 873 n.1 (4th Cir. 1992). Patient dumping refers to a hospital's refusal to treat indigent and uninsured patients, thereby necessitating either formal or informal transfers of individuals from private to public hospitals. Burks v. St. Joseph's Hosp., 227 Wis. 2d 811, 817, 596 N.W.2d 391 (1999). An underlying purpose of EMTALA, therefore, is to provide an 'adequate first response to a medical crisis' for all patients. Baber, 977 F.2d at 880 [282]*282(quoting 131 Cong. Rec. S13904 (Oct. 23, 1985) (statement of Sen. Durenberger)).
¶ 25. The emphasis in the legislative history on ensuring emergency medical treatment for all individuals favors Preston's interpretation of "comes to the emergency department." A United States District Court in Virginia, though addressing EMTALA's stabilization requirement, captured the essence of Preston's position when it said:
[T]he rationale behind the COBRA patient anti-dumping statute is not based upon the door of the hospital through which a patient enters, but rather upon the notion of proper medical care for those persons suffering medical emergencies, whenever such emergencies occur at a participating hospital. Indeed, it is a ridiculous distinction, one which places form over substance, to state that the care a patient receives depends on the door through which the patient walks.
McIntyre v. Schick, 795 F. Supp. 777, 781 (E.D. Va. 1992).
2. Implementing Regulations
¶ 26. Regulations interpreting EMTALA further support our conclusion that the proper interpretation of § 1395dd(a) requires a hospital to provide an emergency medical screening examination to an individual requesting emergency care, regardless of where he or she presents in the hospital.
¶ 27. Congress expressly charged the Department of Health and Human Services (DHHS) with enforcing EMTALA. See 42 U.S.C. § 1395dd(d).7 DHHS promul[283]*283gated regulations in 1994 that were in effect in 1999 at the time of Bridon's birth. These regulations define the phrase "comes to the emergency department" to mean: "with respect to an individual requesting examination or treatment, that the individual is on the hospital property (property includes ambulances owned and operated by the hospital, even if the ambulance is not on hospital grounds)." 42 C.F.R. § 489.24(b) (1999) (emphasis added).8
¶ 28. We review DHHS's construction of § 1395dd(a) in accordance with Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984). See St. Anthony Hosp. v. United States Dep't of Health & Human Servs., 309 F.3d 680, 691-92 (10th Cir. 2002) (applying Chevron deference to DHHS enforcement of EMTALA); Arrington v. Wong, 237 F.3d 1066, 1070-72 (9th Cir. 2001) (applying Chevron deference to DHHS interpretation of EMTALA).
¶ 29. Under Chevron, the determination of the proper deference to afford an agency interpretation is a two-step process. 467 U.S. at 842-43. First, a court must determine whether the statute is ambiguous. Id. at 842. If the statute is unambiguous and "Congress has directly spoken to the precise question at issue," both the [284]*284court and the agency must give effect to the clearly expressed intent of Congress. Id. at 842-43. Only if a statute is ambiguous or silent on the precise question does a court reach the second step. Id. In the second step, the inquiry shifts to whether the agency interpretation is "a permissible construction of the statute." Id. at 843.
¶ 30. Courts employ one of two tests to determine whether an agency interpretation is permissible. If Congress expressly delegated rule-making authority to an agency, the agency's interpretation is permissible unless it is "procedurally defective, arbitrary or capricious in substance, or manifestly contrary to the statute." United States v. Mead Corp., 533 U.S. 218, 227 (2001); see also Chevron, 467 U.S. at 843-44. Alternatively, if Congress impliedly delegated authority to an agency, the agency's interpretation is permissible unless it is unreasonable. Id. at 844; Mead Corp., 533 U.S. at 229.
¶ 31. Since Congress expressly delegated to DHHS the authority to make and publish rules concerning EMTALA, and because EMTALA provides no definition for the phrase "comes to the emergency department," we must give DHHS's definition of "comes to the emergency department" controlling weight unless it is arbitrary or capricious. See Chevron, 467 U.S. at 844.
¶ 32. Under the "arbitrary and capricious" standard, the scope of review "is narrow and a court is not to substitute its judgment for that of the agency." Motor Vehicle Mfrs. Ass'n of U.S., Inc. v. State Farm Mut. Auto. Ins. Co., 463 U.S. 29, 43 (1983). A regulation may be arbitrary or capricious if:
[285]*285[T]he agency [1] has relied on factors which Congress has not intended it to consider, [2] entirely failed to consider an important aspect of the problem, [3] offered an explanation for its decision that runs counter to the evidence before the agency, or [4] is so implausible that it could not be ascribed to a difference in view or the product of agency expertise.
Id.; Prometheus Radio Project v. Fed. Communications Comm'n, 373 F.3d 372, 390 (3d Cir. 2004); Arent v. Shalala, 70 F.3d 610, 616 (D.C. Cir. 1995). However, if the agency can satisfactorily explain its regulatory decision and if there is "a rational connection between the facts found and the choice made," a court should defer to the agency. See Motor Vehicle Mfrs., 463 U.S. at 43.
¶ 33. We conclude that the regulation defining "comes to the emergency department" is not arbitrary and capricious for several reasons.
¶ 34. First, DHHS drafted proposed regulations and solicited public comments, allowing it to take into consideration any objections from interested parties.9 [286]*286In the course of this notice-and-comment history, DHHS satisfactorily explained why it defined "emergency department to be coextensive with hospital property." Two explanations stand out: (1) DHHS deemed a functional definition of "emergency department" necessary to impose EMTALA duties upon hospitals that may not have a formally labeled emergency department or emergency room, see 59 Fed. Reg. 32,101;10 and (2) DHHS concluded that a narrowly drawn definition would thwart the primary objective of EMTALA: to ensure that those in need of emergency care receive it. See id. at 32,098.
¶ 35. Second, although DHHS has refined its definition of "comes to the emergency department," the agency has consistently defined the phrase to include all hospital property. Compare 42 C.F.R. § 489.24(b) (1999) with 42 C.F.R. § 489.24(b) (2004).11 DHHS's
10 During oral argument, Meriter's attorney had difficulty pinning down exactly what constituted the Meriter emergency department. This imprecision underscores the wisdom of this regulation. [287]*287adherence to the core concept that an emergency department extends to all hospital property, despite periodic reconsideration of the definition, demonstrates a carefully considered policy choice.
¶ 36. Third, DHHS's interpretation advances the purpose of EMTALA. By broadly defining "comes to the emergency department," the regulation better ensures that all individuals in need of emergency care actually receive it. See 59 Fed. Reg. 32,098 (June 22, 1994) (noting that if the screening duty imposed by § 1395dd(a) depended upon where an individual entered a hospital, such an interpretation would "frustrate the objectives of the statute in many cases and lead to arbitrary results"). We conclude that there is a rational connection between defining "comes to the emergency department" to include the entire hospital property and the primary EMTALA objective of ensuring access to emergency medical treatment. See e.g., Individual Reference Svcs. Group, Inc. v. Fed. Trade Comm'n, 145 F. Supp. 2d 6, 31 (D.D.C. 2001) (noting [288]*288that the regulation at issue was not arbitrary and capricious since it was consistent with and promoted the policy of the underlying statute).
¶ 37. Finally, the DHHS regulation is not "manifestly contrary to the statute." When a statute is ambiguous, "an agency's interpretation cannot, by definition, be found to directly contravene it." Hagen v. LIRC, 210 Wis.2d 12, 21, 563 N.W.2d 454 (1997) (quoting Harnischfeger Corp. v. LIRC, 196 Wis. 2d 650, 662, 539 N.W.2d 98 (1995)).
¶ 38. For these reasons, we conclude that the proper interpretation of "comes to the emergency department" in this case imposes a duty upon a hospital to provide a medical screening examination to a newborn who (1) presents to the emergency room of the hospital or (2) is born in the birthing center of the hospital and otherwise meets the conditions set forth in 42 C.F.R. § 489.24(b) (1999).
C. Whether Preston's § 1395dd(a) Claim Should Have Been Dismissed
¶ 39. Taking the facts pleaded as true, we conclude that Preston's complaint states a claim upon which relief can be granted, namely, a violation of the screening requirement in 42 U.S.C. § 1395dd(a). The complaint alleged that Bridón was born [in the birthing center] at Meriter Hospital and that hospital employees and agents allegedly failed and "refused ... to provide any care whatsoever to the newborn infant." These employees must have been asked to provide care if they allegedly "refused" to provide care. The alleged failure to provide care implicitly included the failure to provide [289]*289an appropriate medical screening examination. All this occurred in a major hospital in a place with the capacity to respond to a request for emergency care, a place well within the then-existing definition of "emergency department" in 42 C.F.R. § 489.24(b) (1999). The complaint alleges that Meriter not only failed to provide an appropriate medical screening examination but also did so because Shannon Preston and Bridón Johnson lacked private health insurance.12
¶ 40. The circuit court's dismissal of Preston's failure to screen claim requires us to reverse. The circuit court's action is understandable but unsustainable in the wake of the court of appeals' discussion of the issue.
¶ 41. We wish to emphasize that we do not decide whether Meriter's response to Bridon's presence in the birthing facility satisfied its duty to provide an appropriate medical screening examination. The circuit court will have to resolve the scope of the EMTALA duty to screen and whether Meriter discriminated against Bri-dón in the way it conducted any screening examination.
IV CONCLUSION
¶ 42. We conclude that the court of appeals misinterpreted the phrase "comes to the emergency depart[290]*290ment" in 42 U.S.C. § 1395dd(a). Because of this misinterpretation, the court of appeals erroneously concluded that Meriter owed Bridón no EMTALA screening duty because he presented to the birthing center rather than the emergency room of the hospital. The duty to provide a medical screening examination should not depend upon the hospital room — be it the emergency room, the birthing center, or an operating room — into which a baby is born. The court of appeals decision affirming the decision of the circuit court is reversed, and this case is remanded to the circuit court for action consistent with this opinion.
By the Court. — The decision of the court of appeals is reversed and the cause is remanded to the circuit court.