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FROEBEL v. DNR

No. 97-0844.

217 Wis.2d 652 (1998)

579 N.W.2d 774

Kurt F. FROEBEL, Petitioner-Appellant, v. WISCONSIN DEPARTMENT OF NATURAL RESOURCES, Respondent-Respondent.

Court of Appeals of Wisconsin.

Decided March 4, 1998.

Attorney(s) appearing for the Case

On behalf of the petitioner-appellant, the cause was submitted on the briefs of William S. Roush, Jr., and Rachel A. Schneider of Davis & Kuelthau, S.C. of Milwaukee.

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

Before Snyder, P.J., Brown and Nettesheim, JJ.

NETTESHEIM, J.

The issue in this case is whether the Wisconsin Department of Natural Resources (DNR) may be ordered to take specific remedial actions based on findings made in the context of an administrative hearing that the DNR's removal of an abandoned dam caused harm to the environment. The administrative law judge (ALJ) determined that he did not have the authority to compel the DNR to so act. The circuit court upheld...

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