Legal Opinion

State v. Village of Lake Delton

Court of Appeals of Wisconsin

Decided November 21, 1979No. 77-722PublishedCited by 6 opinions

1Opinion of the CourtBablitch, J.

This is an appeal from a judgment of the circuit court for Sauk County dismissing the -state’s complaint for declaratory and injunctive relief. The suit was brought on behalf of the Department of Natural Resources (DNR) to enjoin the enforcement of an ordinance regulating the use of Lake Delton. The issues on appeal are whether the ordinance violates the public trust doctrine and the Wisconsin or federal constitutions, and whether it was enacted within the scope of the pertinent statutory authority.

The respondents Village of Lake Delton (village) and Town of Delton (town) have enacted an…

2Cases cited41 opinions

  1. Shively v. BowlbySupreme Court of the United States · 1894
  2. Muench v. Public Service CommissionWisconsin Supreme Court · 1952
  3. State ex rel. Carter v. HarperWisconsin Supreme Court · 1923
  4. Omernik v. StateWisconsin Supreme Court · 1974
  5. State Ex Rel. Saveland Park Holding Corp. v. WielandWisconsin Supreme Court · 1955

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3Cited by6 opinions

  1. Libertarian Party of Wisconsin v. StateWisconsin Supreme Court · 1996
  2. City of Madison v. SchultzCourt of Appeals of Wisconsin · 1980
  3. Adams v. State Livestock Facilities Siting Review BoardCourt of Appeals of Wisconsin · 2010
  4. Opinion No. Oag 21-89, (1989), Wisconsin Attorney General Reports1989
  5. Opinion No. Oag 24-85, (1985), Wisconsin Attorney General Reports1985

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