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CASSIDY v. DEPT. OF NATURAL RESOURCES

No. 84-2467.

132 Wis.2d 153 (1986)

390 N.W.2d 81

Michael M. CASSIDY, Howard Larson and Donald Larson, Petitioners-Appellants, v. STATE of Wisconsin DEPARTMENT OF NATURAL RESOURCES, Respondent.

Court of Appeals of Wisconsin.

Decided May 15, 1986.

Attorney(s) appearing for the Case

For the petitioners-appellants there were briefs by Lloyd A. Schneider, Howard C. Johnson and Michael M. Cassidy and Schneider Law Office of McFarland, and oral argument by Michael M. Cassidy.

For the respondent State of Wisconsin Department of Natural Resources there was a brief by Bronson C. La Follette, attorney general, and Robert A. Selk, assistant attorney general, and oral argument by Robert A. Selk, assistant attorney general.

For the applicant Madison Metropolitan Sewerage District there was a brief by Eugene O. Gehl and Paul W. Schwarzenbart and Brynelson, Herrick, Gehl & Bucaida of Madison, and oral argument by Paul W. Schwarzenbart.

Before Gartzke, P.J., Dykman and Eich, JJ.

EICH, J.

Michael Cassidy and Howard and Donald Larson appeal from a judgment affirming a decision of the Department of Natural Resources. The department granted a permit to the Madison Metropolitan Sewerage District to maintain a dike on the bed of Grass Lake, a navigable body of water in Dane County.

The dispositive issues are: (1) whether the district is a "riparian owner" entitled to apply to the department for...

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