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CITY OF LA CROSSE v. DNR

Nos. 83-733, 83-734, 83-735.

120 Wis.2d 168 (1984)

353 N.W.2d 68

CITY OF LA CROSSE, a municipal corporation, Petitioner-Respondent, v. Wisconsin DEPARTMENT OF NATURAL RESOURCES, Appellant. CITY OF LA CROSSE, a municipal corporation, Plaintiff-Respondent, v. Wisconsin DEPARTMENT OF NATURAL RESOURCES, Defendant-Appellant. Harold SWANSON, Sr., Harold Swanson, Jr., Robert L. Swanson, and Gary B. Swanson, d/b/a Reel Enterprises, Petitioners-Respondents, v. Wisconsin DEPARTMENT OF NATURAL RESOURCES, Appellant.

Court of Appeals of Wisconsin.

Decided June 26, 1984.

Attorney(s) appearing for the Case

For the appellant the cause was submitted on the briefs of Bronson C. La Follette, attorney general, and Thomas L. Dosch, assistant attorney general.

For the petitioner-respondent, City of La Crosse, the cause was submitted on the brief of Patrick J. Houlihan and David L. Lange, of La Crosse.

For the petitioners-respondents, Swanson, et al., the cause was submitted on the brief of James G. Curtis and Hale, Skemp, Hanson & Skemp, of La Crosse.

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

DYKMAN, J.

The Department of Natural Resources appeals a judgment which set aside DNR's disapproval of a flood plain zoning ordinance enacted by the City of La Crosse and ordered DNR to approve the ordinance.1 The trial court erroneously placed the burden of proof upon DNR to show that the ordinance did not meet statutory and regulatory criteria for approval, rather than upon La Crosse to show that DNR's decision did not meet the standards...

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