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HELNORE v. DEPARTMENT OF NATURAL RESOURCES

No. 04-0602.

280 Wis.2d 211 (2005)

2005 WI App 46

694 N.W.2d 730

James HELNORE and Constance Helnore, Plaintiffs-Appellants, v. DEPARTMENT OF NATURAL RESOURCES, State of Wisconsin, Defendant-Respondent, Joanne KLINE and Cherie Weiloch, Defendants.

Court of Appeals of Wisconsin.

Decided February 23, 2005.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of Donald J. Murn, Michelle E. Martin and Peter W. McCombs of Murn & Martin, S.C., of Waukesha. There was oral argument by Donald J. Murn.

On behalf of the defendant-respondent, the cause was submitted on the brief of Peggy A. Lautenschlager, attorney general, and Joanne F. Kloppenburg, assistant attorney general. There was oral argument by Joanne F. Kloppenburg.

Before Brown, Nettesheim and Snyder, JJ.

¶ 1. BROWN, J.

James and Constance Helnore own two lots that have been designated as wetlands. They previously built a house on one lot and now want to build a house on the other. Because they have been informed by the Wisconsin Department of Natural Resources that a water quality certificate is unlikely to be granted—a condition precedent to a permit to build —...

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