WISCONSIN'S ENVIRONMENTAL DECADE v. DNR

Nos. 83-360, 83-468.

115 Wis.2d 381 (1983)

340 N.W.2d 722

WISCONSIN'S ENVIRONMENTAL DECADE, INC., and Public Intervenor Kathleen M. Falk, Petitioners-Appellants, v. WISCONSIN DEPARTMENT OF NATURAL RESOURCES, Respondent, GENERAL GROWTH DEVELOPMENT CORPORATION and Town of Grand Chute, Intervenors-Respondents. CITY OF APPLETON, a municipal corporation, Petitioner-Appellant, v. WISCONSIN DEPARTMENT OF NATURAL RESOURCES, Respondent. LEAGUE OF WOMEN VOTERS OF APPLETON, INC.; Save Downtown Committee, Inc.; David Prosser, Jr.; Michael P. Haley and Frank Hardt, Petitioners-Appellants, v. WISCONSIN DEPARTMENT OF NATURAL RESOURCES, Respondent. LEAGUE OF WOMEN VOTERS OF APPLETON, INC.; Save Downtown Committee, Inc.; Aid Association for Lutherans, Inc.; Richard Warch; David Prosser, Jr.; Frank Hardt; Michael Haley; Ronald Metty; David N. Innis; John Conway; Kathleen M. DeFurio; John Disher; Willis H. Barb; Sharron Huss; Howard Gilbertson; Kay Sosnowski; Lawrence P. Hauser; Ray Gevelinger; John Zimmerman; David N. Weiland; Wisconsin's Environmental Decade, Inc., Petitioners-Appellants, v. WISCONSIN DEPARTMENT OF NATURAL RESOURCES, Respondent. SAVE DOWNTOWN COMMITTEE, INC.; Aid Association for Lutherans, Inc.; Richard Warch; David Prosser, Jr.; Frank Hardt; Michael Haley; Ronald Metty; Paul and Mary Guyette; David N. Innis; John Conway; Kathleen M. DeFurio; John Disher; Willis H. Barb; Sharron Huss; Howard Gilbertson; John Gilmour; Kay Sosnowski; Lawrence P. Hauser; Ray Gevelinger; John Zimmerman; David N. Weiland; John Farrell; and Wisconsin Public Intervenor Kathleen M. Falk, Petitioners-Appellants, v. WISCONSIN DEPARTMENT OF NATURAL RESOURCES, Respondent. Kathleen M. FALK, Wisconsin Public Intervenor, Petitioner-Appellant, v. State of Wisconsin DEPARTMENT OF NATURAL RESOURCES, Respondent.

Supreme Court of Wisconsin.

Decided November 30, 1983.


Attorney(s) appearing for the Case

For the petitioner-appellant, City of Appleton, there were briefs by Susan Steingass and Stafford, Rosenbaum, Rieser & Hansen, Madison, and oral argument by Ms. Steingass.

For other petitioners-appellants there were briefs by Peter A. Peshek, Kathleen M. Falk, Thomas J. Dawson and Frank Jablonsky, all of Madison, David Prosser, Appleton, and Donald Zuidmulder and Cohen, Grant, Zuidmulder & Gazeley, Ltd., Green Bay, and oral argument by Ms. Falk.

For the respondent, Wisconsin Department of Natural Resources, the cause was argued by Steven B. Wickland, assistant attorney general, with Bronson C. La Follette, attorney general, on the brief.

For the intervenor-respondent, General Growth Development Corporation, there were briefs by Charles Q. Kamps, Stuart Parsons, Arthur A. Vogel, Jr., and Quarles & Brady, and oral argument by Mr. Kamps, all of Milwaukee.

For the intervenor-respondent, Town of Grand Chute, there were briefs by Kevin Lonergan and Herrling, Clark, Hartzheim & Siddall, Ltd., Appleton, and oral argument by Don R. Herrling, Appleton.

Amicus curiae brief was filed by Brady C. Williamson and La Follette, Sinykin, Anderson & Munson, Madison, for Representative Thomas A. Loftus, Speaker of the Wisconsin State Assembly; Senator Fred Risser, President of the Wisconsin State Senate; Representative Jeffrey A. Neubauer, Chairman of the Assembly Environmental Resources Committee; Senator Joseph A. Strohl, Chairman of the Senate Energy and Environmental Resources Committee; and Senator Mordecai Lee, Chairman of the Urban Affairs and Government Operations Committee.


STEINMETZ, J.

These cases do not involve the wisdom of locating the shopping mall near the Town of Grand Chute, Outagamie county, next to Highway 41, west of Appleton. That decision was resolved by local representatives composing the zoning committee, a committee of the Outagamie county board, after a public hearing pursuant to sec. 16.65 of the Outagamie County Ordinances, the "Outagamie County Shoreland Protection Ordinance," which approved the issuance of conditional...

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