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DNR v. WALWORTH COUNTY BOARD OF ADJUSTMENT

No. 92-0170.

170 Wis.2d 406 (1992)

489 N.W.2d 631

STATE of Wisconsin EX REL. DEPARTMENT OF NATURAL RESOURCES, and Town of Richmond, Petitioners-Respondents, v. WALWORTH COUNTY BOARD OF ADJUSTMENT, Respondent-Respondent, Linda M. FRIEDMAN, Intervenor-Appellant.

Court of Appeals of Wisconsin.

Decided July 15, 1992.

Attorney(s) appearing for the Case

On behalf of the intervenor-appellant, the cause was submitted on the briefs of David C. Williams of Allen, Harrison, Williams, McDonell & Swatek of Lake Geneva.

On behalf of the petitioners-respondents, State of Wisconsin, the cause was submitted on the brief of James E. Doyle, attorney general, and Lorraine C. Stoltzfus, assistant attorney general.

On behalf of the petitioners-respondents, Town of Richmond, the cause was submitted on the brief of David J. Nommensen of Seymour, Kremer, Nommensen & Morrissy of Elkhorn.

On behalf of the respondent-respondent, Walworth County Board of Adjustment, the cause was submitted on the brief of Dianne M. Soffa, assistant corporation counsel.

Before Brown, Anderson and Snyder, JJ.

BROWN, J.

This is another case in which a landowner and the DNR do battle over the state's shoreland zoning policies. Here, the landowner contends that the DNR has no standing under our statutes to appeal local board of adjustment decisions, and that even if the DNR does have standing, it did not correctly follow the statute in initiating its appeal. Because the DNR is a "trustee" of the navigational waters of this state, it is a "person aggrieved" and has standing...

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