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STATE PUBLIC INTERVENOR v. DNR

No. 91-2031.

177 Wis.2d 666 (1993)

503 N.W.2d 305

STATE of Wisconsin PUBLIC INTERVENOR, Petitioner-Appellant, v. Wisconsin DEPARTMENT OF NATURAL RESOURCES, Respondent-Respondent, BROWN COUNTY, and the Brown County Board of Harbor Commissioners, Intervenors-Respondents.

Court of Appeals of Wisconsin.

Decided June 10, 1993.

Attorney(s) appearing for the Case

For the petitioner-appellant the cause was submitted on the briefs of Thomas J. Dawson, Wisconsin public intervenor.

For the respondent-respondent the cause was submitted on the brief of James E. Doyle, attorney general, and Steven B. Wickland, assistant attorney general.

For the intervenors-respondents the cause was submitted on the brief of Winston A. Ostrow of Godfrey & Kahn, S.C. of Green Bay.

Before Eich, C.J., Dykman and Sundby, JJ.

DYKMAN, J.

Green Bay Harbor, located at the mouth of the Fox River, is subject to shoaling because of silt deposits. In 1978, the U.S. Army Corps of Engineers dredged the harbor to permit larger ships to enter. The spoils were used to construct Kidney Island, about fifty-five acres in size.

The Corps subsequently determined that the fifty-five acres were insufficient to hold all of the spoils being generated, and petitioned the Department of Natural Resources...

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