City of Oak Creek v. State Department of Natural Resources

The City of Oak Creek appeals from orders of the circuit court which affirmed a determination of the Division of Hearings and Appeals (DHA) of the Department of Administration for the State of Wisconsin. The circuit court ordered the City of Oak Creek to remove a concrete channel from the west branch of Crawfish Creek and to submit to the Department of Natural Resources (DNR) a plan for restoration of the creek. The circuit court upheld the DHA's finding that Crawfish Creek is a "navigable waterway," and therefore, is subject to the DNR's jurisdiction. The circuit court also upheld the DHA's…