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SHEARER v. DNR

No. 87-0268.

151 Wis.2d 153 (1989)

443 N.W.2d 669

Charles SHEARER, John T. Haight, Jr., Carajou Shooting Club, Inc., Thiebeau Hunting Club, Inc., Rock River Basin Wildlife & Wetland Association, Inc., Petitioners-Appellants, v. Wisconsin DEPARTMENT OF NATURAL RESOURCES, Respondent. COUNTY OF ROCK, Petitioner-Appellant, v. Wisconsin DEPARTMENT OF NATURAL RESOURCES, Respondent.

Court of Appeals of Wisconsin.

Decided April 6, 1989.

Attorney(s) appearing for the Case

For the petitioners-appellants Charles Shearer, et al., the cause was submitted on the briefs of Glenn C. Reynolds and O'Brien & Reynolds, S.C., of Madison.

For the petitioner-appellant County of Rock, the cause was submitted on the briefs of James H. Fowler, III, of Janesville.

For the respondent the cause was submitted on the brief of Donald J. Hanaway, attorney general, and Maryann Sumi, assistant attorney general.

Brief of amicus curiae was filed by Kathleen M. Falk, of Madison, on behalf of Wisconsin Public Intervenor.

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

EICH, J.

Charles Shearer and other individuals and associations owning land abutting Lake Koshkonong (collectively, "Shearer") appeal from a judgment and an order affirming a decision of the Department of Natural Resources (DNR) which established water levels for the lake. The order also directed Rock County, the owner of the dam at the foot of the lake and also an appellant in this case, to operate and maintain the dam so as to attain the specified levels.

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