State v. Zawistowski

The trial court dismissed on its merits the plaintiffs’ complaint which sought to enjoin the defendant, William D. Zawistowski, a riparian landowner, from diverting water for cranberry cultivation without having obtained a permit from the Department of Natural Resources.

The principal question is whether the defendant was subject to sec. 30.18, Stats. 1973, which would require him to obtain a permit or whether his operation is governed by sec. 94.26, Stats. 1973, the “cranberry law,” in which case he was exempt from the permit requirement.

We conclude the defendant’s operation was governed by…