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OMERNICK v. DEPARTMENT OF NATURAL RESOURCES

Nos. 77-557, 77-558.

94 Wis.2d 309 (1979)

287 N.W.2d 841

Raymond OMERNICK, and others, Petitioners-Respondents, v. DEPARTMENT OF NATURAL RESOURCES, Appellant. STATE, Petitioner-Appellant, v. Raymond OMERNICK, and others, Respondents.

Court of Appeals of Wisconsin.

Decided December 20, 1979.

Attorney(s) appearing for the Case

For the appellant the cause was submitted on the briefs of Bronson C. La Follette, attorney general, and Robert B. McConnell, assistant attorney general.

For the respondents the cause was submitted on the briefs of Jack Osswald of Chicago, Illinois.

Before Donlin, P.J., Foley, J. and Gartzke, J.

FOLEY, J.

The Department of Natural Resources appeals from a judgment vacating a Department order, refusing enforcement of the order, and remanding the matter to the Department for another evidentiary hearing. The order was made following a sec. 30.03 (4) (a), Stats., hearing at which the Department found that two streams on the Omernicks' property were navigable and that the Omernicks had built structures on these streams...

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