Legal Opinion

Baer v. Wisconsin Department of Natural Resources

Court of Appeals of Wisconsin

Decided October 12, 2006No. 2005AP668PublishedCited by 1 opinion

1Opinion of the CourtDeininger, J.

¶ 1. The Wisconsin Department of Natural Resources appeals a judgment that vacated two administrative orders and dismissed the Department's enforcement action against two allegedly oversized piers situated on a lake in northern Wisconsin. The circuit court concluded that Wis. Admin. Code § NR 326.02(2) (Aug. 1991) precludes the Department from bringing the enforcement action because no third party had complained about the piers and the pier owner had neither sought information nor applied for a permit from the Department. We conclude that the cited rule cannot and does not deprive the…

2Cases cited8 opinions

  1. Marder v. BD. OF REGENTS OF UNIVERSITY OF WISC. SYSTEMWisconsin Supreme Court · 2005
  2. Clintonville Transfer Line, Inc. v. Public Service CommissionWisconsin Supreme Court · 1945
  3. Hilton Ex Rel. Pages Homeowners' Ass'n v. Department of Natural ResourcesWisconsin Supreme Court · 2006
  4. Barnes v. Department of Natural ResourcesCourt of Appeals of Wisconsin · 1993
  5. Sea View Estates Beach Club, Inc. v. State Department of Natural ResourcesCourt of Appeals of Wisconsin · 1998

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3Cited by1 opinion

  1. Vining v. City of DetroitMichigan Court of Appeals · 1987

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