Omernick v. Department of Natural Resources

The essence of the trial court’s decision on demurrer was that the plaintiffs had not exhausted their administrative remedies by applying for a permit under sec. 30.18, Stats. The trial court also ruled that sec. 30.18 limited the common law right of irrigation by a riparian owner. It held that the notice and hearing provisions under the statutes satisfied procedural due process. Inasmuch as the plaintiffs did not utilize the hearing procedure, the court ruled a justiciable controversy was not presented. On appeal, plaintiffs have raised two arguments. First, the designation of Holt Creek and…