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STATE v. ZAWISTOWSKI

No. 77-459.

95 Wis.2d 250 (1980)

290 N.W.2d 303

STATE of Wisconsin, Plaintiff-Appellant, W. Roy Kopp, M. A. McKichan, Elsa E. McKichan, John W. Fetzner, Amy L. Fetzner, Marvin Skille, Ray A. Fischer, John W. Lucente, Hubert McNamara, Harry A. Murphy, Jr., Theodore G. Horvath, Jeanne M. Horvath, Glen H. Gates, Delores V. Gates, Paul E. Patterson, Adolph Borufka, Fred Dick, Jr., and Thelma T. Dick, Intervening Plaintiffs-Appellants, v. William ZAWISTOWSKI, a/k/a William Zawistowski, Jr., Defendant-Respondent, Wisconsin Cranberry Growers Association, Intervening Defendants.

Supreme Court of Wisconsin.

Decided April 1, 1980.

Attorney(s) appearing for the Case

For the plaintiff and intervening plaintiffs-appellants there was a joint brief by Edward J. Coe and Coe, Dalrymple, Heathman & Arnold, S.C., of Rice Lake, and Bronson C. La Follette, attorney general, and Robert B. McConnell, assistant attorney general, with oral argument by Edward J. Coe and Robert B. McConnell.

For the respondent there was a brief by Byron C. Crowns and Crowns, Merklein, Midthun & Metcalf, S.C., of Wisconsin Rapids, and oral argument by Byron C. Crowns.

DAY, J.

The trial court dismissed on its merits the plaintiffs' complaint which sought to enjoin the defendant, William D. Zawistowski, a riparian landowner, from diverting water for cranberry cultivation without having obtained a permit from the Department of Natural Resources.

The principal question is whether the defendant was subject to sec. 30.18, Stats. 1973, which would require him to obtain a permit or whether...

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