ABKA LTD. PARTNERSHIP v. DNR

No. 99-2306.

255 Wis.2d 486 (2002)

2002 WI 106

648 N.W.2d 854

ABKA LIMITED PARTNERSHIP, an Illinois limited partnership, Petitioner-Appellant-Petitioner, The ABBEY HARBOR CONDOMINIUM ASSOCIATION, LTD., a Wisconsin nonprofit corporation, Petitioner-Co-Appellant-Petitioner, v. WISCONSIN DEPARTMENT OF NATURAL RESOURCES, Respondent-Respondent-Petitioner, GENEVA LAKE CONSERVANCY, INC., and Oneida County, Respondents-Respondents. WISCONSIN REALTORS ASSOCIATION, INC., Petitioner-Appellant-Petitioner, v. WISCONSIN DEPARTMENT OF NATURAL RESOURCES, Respondent-Respondent-Petitioner. ABKA LIMITED PARTNERSHIP, AN ILLINOIS LIMITED PARTNERSHIP, Petitioner-Appellant-Petitioner, The ABBEY HARBOR CONDOMINIUM ASSOCIATION, LTD., a Wisconsin nonprofit corporation, Petitioner-Co-Appellant-Petitioner, v. WISCONSIN DEPARTMENT OF NATURAL RESOURCES, Respondent-Respondent-Petitioner. WISCONSIN ASSOCIATION OF LAKES, INC., Petitioner-Appellant, v. WISCONSIN DEPARTMENT OF NATURAL RESOURCES, Respondent-Respondent-Petitioner. WISCONSIN REALTORS ASSOCIATION, INC., Petitioner-Appellant-Petitioner, v. WISCONSIN DEPARTMENT OF NATURAL RESOURCES, Respondent-Respondent-Petitioner.

Supreme Court of Wisconsin.

Decided July 16, 2002.


Attorney(s) appearing for the Case

For petitioner-appellant-petitioner, ABKA Limited Partnership, and petitioner-co-appellant-petitioner, Abbey Harbor Condominium Association, Ltd., there were briefs by Anthony S. Earl, Waltraud A. Arts and Quarles & Brady, LLP, Madison, and Thomas L. Shriner, Jr., G. Michael Halfenger, Jessica E. Price and Foley & Lardner, Milwaukee, and oral argument by Thomas L. Shriner, Jr.

For petitioner-appellant-petitioner, Wisconsin Realtors Association, Inc., there were briefs by Winston A. Ostrow, Donald L. Romundson and Godfrey & Kahn, S.C., Green Bay.

For petitioner-appellant, Wisconsin Association of Lakes, Inc., there was a brief by William P. O'Connor, Mary Beth Peranteau and Wheeler, Van Sickle & Anderson, S.C., Madison, and oral argument by William P. O'Connor.

For respondent-respondent-petitioner, Wisconsin Department of Natural Resources, the cause was argued by John S. Greene, assistant attorney general, with whom on the briefs was James E. Doyle, attorney general.

Amicus curiae briefs were filed by John A. Kassner and Brennan, Steil, Basting & MacDougall, S.C., Madison, on behalf of the Wisconsin Builders Association, and there was oral argument by John A. Kassner.

An amicus curiae brief was filed by J. Bushnell Nielsen, Beth Ermatinger Hanan and Reinhart Boerner Van Deuren S.C., Milwaukee, on behalf of the Wisconsin Land Title Association.

An amicus curiae brief was filed by Lawrence R. Heath, corporation counsel, on behalf of Oneida County, Wisconsin.

An amicus curiae brief was filed by Robert W. Larsen, Monona, on behalf of the Lake Monona Sailing Club and the Yahara Lakes Association.


¶ 1. ANN WALSH BRADLEY, J.

This case comes before us upon three petitions for review of a court of appeals decision reversing the circuit court order that affirmed an administrative law judge (ALJ) decision allowing ABKA Limited Partnership to proceed with a "dockominium" project.1 The court of appeals concluded that the conversion of a marina to a dockominium form of ownership as proposed by ABKA and the Abbey Harbor Condominium...

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