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STATE v. VILLAGE OF LAKE DELTON

No. 77-722.

93 Wis.2d 78 (1979)

286 N.W.2d 622

STATE, Plaintiff-Appellant, v. VILLAGE OF LAKE DELTON, and others, Defendant-Respondents.

Court of Appeals of Wisconsin.

Decided November 21, 1979.

Attorney(s) appearing for the Case

For the plaintiff-appellant there were briefs by Bronson C. La Follette, attorney general, and Robert B. McConnel, assistant attorney general, and oral argument by Robert B. McConnel, assistant attorney general.

For the defendant-respondent Village of Lake Delton there was a brief by Francis R. Bannen and Francis R. Bannen, S.C., of Wisconsin Dells, and oral argument by Francis R. Bannen.

For the defendant-respondent Town of Delton the cause was submitted on the brief of Robert L. Greenhalgh and Greenhalgh, Jenks & Dithmar of Baraboo.

For the defendant-respondent Tommy Bartlett, Inc. there was a brief by Ralph J. Ehlinger, Dennis L. Fisher and Hoyt, Greene & Meissner, S.C. of Milwaukee, and Phillip Owens and Rogers & Owens of Portage, and oral argument by Ralph J. Ehlinger.

Before Gartzke, P.J., Bablitch, J. and Dykman, J.

BABLITCH, J.

This is an appeal from a judgment of the circuit court for Sauk County dismissing the state's complaint for declaratory and injunctive relief. The suit was brought on behalf of the Department of Natural Resources (DNR) to enjoin the enforcement of an ordinance regulating the use of Lake Delton. The issues on appeal are whether the ordinance violates the public trust doctrine and the Wisconsin or federal constitutions, and whether it was enacted within...

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