ABKA LIMITED PARTNERSHIP v. DNR

No. 99-2306.

247 Wis.2d 793 (2001)

2001 WI App 223

635 N.W.2d 168

ABKA LIMITED PARTNERSHIP, an Illinois limited partnership, Petitioner-Appellant, THE ABBEY HARBOR CONDOMINIUM ASSOCIATION, LTD., a Wisconsin nonprofit corporation, Petitioner-Co-Appellant, v. WISCONSIN DEPARTMENT OF NATURAL RESOURCES, Geneva Lake Conservancy, Inc., and Oneida County, Respondents-Respondents. WISCONSIN REALTORS ASSOCIATION, INC., Petitioner-Appellant, v. WISCONSIN DEPARTMENT OF NATURAL RESOURCES, Respondent-Respondent. ABKA LIMITED PARTNERSHIP, an Illinois limited partnership, Petitioner-Appellant, THE ABBEY HARBOR CONDOMINIUM ASSOCIATION, LTD., a Wisconsin nonprofit corporation, Petitioner-Co-Appellant, v. WISCONSIN DEPARTMENT OF NATURAL RESOURCES, Respondent-Respondent. WISCONSIN ASSOCIATION OF LAKES, INC., Petitioner-Appellant, v. WISCONSIN DEPARTMENT OF NATURAL RESOURCES, Respondent-Respondent. WISCONSIN REALTORS ASSOCIATION, INC., Petitioner-Appellant, v. WISCONSIN DEPARTMENT OF NATURAL RESOURCES, Respondent-Respondent.

Court of Appeals of Wisconsin.

Decided August 22, 2001.


Attorney(s) appearing for the Case

On behalf of the petitioner-appellant ABKA Limited Partnership and the petitioner-co-appellant The Abbey Harbor Condominium Association, Ltd., there were joint briefs by Anthony S. Earl, Waltraud A. Arts and Brian W. Blanchard of Quarles & Brady, LLP of Madison; Alan Marcuvitz of Weiss, Berzowski, Brady & Donahue, LLP of Milwaukee; Lisle W. Blackbourn of Godfrey, Neshek, Worth, Leibsle & Conover, S.C. of Elkhorn; and Thomas L. Shriner, Jr. of Foley & Lardner of Milwaukee. There were oral arguments by Thomas L. Shriner, Jr.

On behalf of the petitioner-appellant Wisconsin Realtors Association, Inc., there were briefs by Winston A. Ostrow and Donald L. Romundson of Godfrey & Kahn, S.C. of Green Bay. There were oral arguments by Donald L. Romundson.

On behalf of the petitioner-appellant Wisconsin Association of Lakes, Inc., there were briefs by William P. O'Connor and Mary Beth Peranteau of Wheeler, Van Sickle & Anderson, S.C. of Madison. There were oral arguments by William P. O'Connor.

On behalf of the respondent-respondent Wisconsin Department of Natural Resources, there was a brief by John S. Greene, assistant attorney general, and James E. Doyle, attorney general. There were oral arguments by John S. Greene.

On behalf of the respondent-respondent Geneva Lake Conservancy, Inc., there was a brief and oral arguments by Peter B. King of Peter B. King, Attorney at Law, S.C. of Fontana.

On behalf of the respondent-respondent Oneida County, there were briefs and oral arguments by Lawrence R. Health, corporation counsel.

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


¶ 1. SNYDER, J.

This case is the result of five separate cases consolidated before the circuit court. ABKA Limited Partnership (ABKA) and The Abbey Harbor Condominium Association, Ltd. (the Association) appeal from a circuit court order denying their joint petition for review of an administrative law judge's (ALJ) decision regarding their WIS. STAT. ch. 30 (1999-2000)1 permit application...

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