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OMERNICK v. DEPARTMENT OF NATURAL RESOURCES

No. 161 (1974).

71 Wis.2d 370 (1976)

238 N.W.2d 114

OMERNICK and another, Appellants, v. DEPARTMENT OF NATURAL RESOURCES, an agency of the state of Wisconsin, and others, Respondents.

Supreme Court of Wisconsin.

Decided February 10, 1976.

Attorney(s) appearing for the Case

For the appellants there was a brief by Ted B. Johnson and Thomas J. Bergen of Milwaukee.

For the respondents there was a brief by Robert W. Warren, attorney general, and Robert B. McConnell, assistant attorney general.

CONNOR T. HANSEN, J.

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...

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