Turkow v. Wisconsin Department of Natural Resources

The Wisconsin Department of Natural Resources appeals a summary judgment granted in favor of Lawrence Turkow in his declaratory judgment action. In June 1994, the DNR advised Turkow that two walkways and a fence obstructed a navigable stream on his property and ordered him to remove all three structures within forty-five days or face citation. Turkow did not pursue any remedy available under ch. 227, STATS. Instead, he began an action against the DNR seeking a declaration that the DNR lacked jurisdiction to make orders regarding the stream or, alternatively, was estopped from changing the…