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SCHLIEPER v. DNR

No. 93-2002.

188 Wis.2d 318 (1994)

525 N.W.2d 99

Viola SCHLIEPER and Virginia Harrus, Personal Representatives of the Estate of Louis Schlieper, Deceased, Plaintiffs-Appellants, v. State of Wisconsin DEPARTMENT OF NATURAL RESOURCES, Defendant-Respondent, CITY OF BROOKFIELD, a municipal corporation, and Waukesha County, a municipal corporation, Defendants.

Court of Appeals of Wisconsin.

Decided October 12, 1994.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the brief of Benjamin Southwick of Richland Center.

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

An amicus curiae brief was filed by Kathleen M. Falk, Wisconsin Public Intervenor, Wisconsin Department of Justice.

Before Anderson, P.J., Brown and Vergeront, JJ.

BROWN, J.

The estate in this case alleged that it owned unsewered property which would become economically viable only after sewer service was extended to it. The estate further alleged that the Wisconsin Department of Natural Resources' (DNR) "administrative practice" was to refuse to even consider allowing an extension where the property was within an "environmental corridor." The estate alleged that this amounted to...

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