VILLAGE OF MENOMONEE FALLS, Petitioner-Appellant,
v.
WISCONSIN DEPARTMENT OF NATURAL RESOURCES, Respondent.
Court of Appeals of Wisconsin.https://leagle.com/images/logo.png
Argued March 25, 1987.
Decided July 1, 1987.
Attorney(s) appearing for the Case
On behalf of the petitioner-appellant there was a brief and oral argument by Stephen W. Hayes and Michael J. Morse of von Briesen & Redmond, S.C. of Milwaukee.
On behalf of the respondent the cause was submitted on the briefs of Bronson C. La Follette, attorney general and Ruby Jefferson-Moore, assistant attorney general. There was oral argument by Maryann Sumi, assistant attorney general.
On behalf of the city of New Berlin, the villages of Sussex and North Prairie and the towns of Mukwonago, Lisbon and Brookfield there was an amicus brief by T. Michael Schober of New Berlin, Arenz, Molter, Macy & Riffle of Waukesha and Cramer, Multhauf & Curran of Waukesha. There was oral argument by T. Michael Schober.
Before Scott, C.J., Brown, P.J., and Nettesheim, J.
Court of Appeals of Wisconsin.
BROWN, P.J.
This case arises from the DNR's denial of permits to the Village of Menomonee Falls for a stormwater channelization project involving a waterway known as Lilly Creek. The Village1 challenges the hearing examiner's determination, upheld by the circuit court, that Lilly Creek is a navigable stream. We hold that the examiner applied the correct test of navigability and that his conclusion of navigability was supported by substantial...
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