Village of Menomonee Falls v. Wisconsin Department of Natural Resources

This case arises from the DNR’s denial of permits to the Village of Menomonee Falls for a stormwater channelization project involving a waterway known as Lilly Creek. The Village 1 challenges the hearing examiner’s determination, upheld by the circuit court, that Lilly Creek is a navigable stream. We hold that the examiner applied the correct test of navigability and that his conclusion of navigability was supported by substantial evidence. We further uphold the circuit court’s ruling that the Village does not have statutory or constitutional authority to undertake the project without DNR…