Kosmatka v. Department of Natural Resources

The Department of Natural Eesources (DNE) appeals from a judgment entered in favor of the plaintiffs, Eichard Kosmatka and Marian Kosmatka, his wife, which declared rights favorable to the plaintiffs with respect to maintenance of a structure referred to by both parties as a “pier” built into Lake Okauchee. The question is whether an unappealed DNE decision, that the structure was prohibited under sec. 30.12, Stats, precluded this action for a declaration the structure was a permitted “pier” under sec. 30.13, Stats.

We hold that the trial court had no jurisdiction to proceed and that judgment…