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KOSMATKA v. DNR

No. 75-225.

77 Wis.2d 558 (1977)

253 N.W.2d 887

KOSMATKA, and wife, Plaintiffs-Respondents, v. DEPARTMENT OF NATURAL RESOURCES, Defendant-Appellant.

Supreme Court of Wisconsin.

Decided May 17, 1977.

Attorney(s) appearing for the Case

For the appellant the cause was argued by Linda M. Clifford, assistant attorney general, with whom on the brief was Bronson C. La Follette, attorney general.

For the respondents there was a brief by Donald M. Sanger, attorney, and Burton A. Strnad, of counsel, both of Milwaukee, and oral argument by Mr. Strnad.

DAY, J.

The Department of Natural Resources (DNR) appeals from a judgment entered in favor of the plaintiffs, Richard Kosmatka and Marian Kosmatka, his wife, which declared rights favorable to the plaintiffs with respect to maintenance of a structure referred to by both parties as a "pier" built into Lake Okauchee. The question is whether an unappealed DNR decision, that the structure was prohibited under sec. 30.12, Stats...

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