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KLINGEISEN v. DNR

No. 90-2616.

163 Wis.2d 921 (1991)

472 N.W.2d 603

Francis KLINGEISEN, Petitioner-Respondent, v. State of Wisconsin DEPARTMENT OF NATURAL RESOURCES, Respondent-Appellant.

Court of Appeals of Wisconsin.

Decided June 26, 1991.

Attorney(s) appearing for the Case

On behalf of respondent-appellant, the cause was submitted on the briefs of James E. Doyle, attorney general, and John S. Greene, assistant attorney general.

On behalf of petitioner-respondent, the cause was submitted on the brief of Patrick A. Dewane, Jr. of Dewane, Dewane, Kummer & Lambert of Manitowoc.

Before Brown, Scott and Anderson, JJ.

ANDERSON, J.

The Wisconsin Department of Natural Resources (DNR) appeals from an order of the circuit court reversing the DNR's determination that Francis Klingeisen violated sec. 30.121, Stats. The DNR ordered Klingeisen to remove his boathouse located on his property and along a channel in Shu-Nel Point, Door County, Wisconsin.1 The issue on appeal is whether the DNR has jurisdiction to regulate boathouses located on artificial, navigable...

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