Claflin v. Department of Natural Resources

The first issue raised on this appeal is whether the circuit court had subject matter jurisdiction under sec. 227.16 (1), Stats., to consider Claflin’s petition for review.

Specifically, the DNR contends that there was no right for Claflin to seek a rehearing from the DNR and that accordingly when Claflin filed his petition for review in circuit court it was not filed within thirty days of the order sought to be reviewed; (it was not filed until October 6th, eighteen days too late according to the contention of the DNR).

The answer to this DNR contention is that Claflin did have a right to…