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DEPT. OF NATURAL RESOURCES v. CLINTONVILLE

No. 203.

53 Wis.2d 1 (1971)

191 N.W.2d 866

DEPARTMENT OF NATURAL RESOURCES (Division of Conservation), Appellant, v. CITY OF CLINTONVILLE, Respondent.

Supreme Court of Wisconsin.

Decided November 30, 1971.

Attorney(s) appearing for the Case

For the appellant there were briefs by Robert W. Warren, attorney general, and William F. Eich, assistant attorney general; the cause was argued by Steven M. Schur, assistant attorney general.

For the respondent there was a brief and oral argument by Ralph M. Lauer of Clintonville.

A brief amicus curiae was filed by Eugene O. Gehl of Madison, for the Madison Metropolitan Sewerage District.

A brief in reply to brief of amicus curiae was filed for the appellant by Robert W. Warren, attorney general, and Steven M. Schur, assistant attorney general.

HALLOWS, C. J.

In the city of Clintonville there is a millpond created by the damming of Pigeon River which runs through the city. On July 10, 1968, the gates of the dam were opened at the direction of alderman Hangartner of the Clintonville common council and the level of the pond was lowered approximately 30 inches. On July 24, 1968, upon a similar order of Hangartner, the pond was lowered to the level of the riverbed. These lowerings were without the permission...

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