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STATE v. CITY OF OAK CREEK

No. 97-2188.

223 Wis.2d 219 (1998)

588 N.W.2d 380

STATE of Wisconsin, Plaintiff-Respondent, v. CITY OF OAK CREEK, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided November 24, 1998.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Lawrie J. Kobza, Jennifer S. Mirus and M. Tess O'Brien-Heinzen of Boardman, Suhr, Curry & Field, of Madison, and Lawrence J. Haskin, city attorney, of Oak Creek. There was oral argument by Lawrence J. Haskin.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of James E. Doyle, attorney general, and Joanne F. Kloppenburg, assistant attorney general. There was oral argument by Joanne F. Kloppenburg.

Before Fine, Schudson and Curley, JJ.

FINE, J.

In 1994, we upheld a determination by the circuit court that Crawfish Creek in the City of Oak Creek was a "Navigable waterway," that Oak Creek's channelization of Crawfish Creek violated § 30.12, STATS., that § 30.055, STATS., 1993-94, a statute enacted by the legislature purporting to exempt Crawfish Creek from the requirements of § 30.12, was unconstitutional, and that the creek had to be restored to its pre-channelization condition.

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