TURKOW v. DNR

No. 97-1149.

216 Wis.2d 273 (1998)

576 N.W.2d 288

Lawrence TURKOW, Plaintiff-Respondent, v. WISCONSIN DEPARTMENT OF NATURAL RESOURCES, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided January 13, 1998.


Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of James E. Doyle, attorney general, and Joanne F. Kloppenburg, assistant attorney general.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Richard J. Carlson of Silton, Seifert, Carlson & Gamble, S.C. of Appleton.

Before Cane, P.J., Myse and Hoover, JJ.


CANE, P.J.

The Wisconsin Department of Natural Resources appeals a summary judgment granted in favor of Lawrence Turkow in his declaratory judgment action. In June 1994, the DNR advised Turkow that two walkways and a fence obstructed a navigable stream on his property and ordered him to remove all three structures within forty-five days or face citation. Turkow did not pursue any remedy available under ch. 227, STATS. Instead, he began an action against the DNR seeking...

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