HILTON EX REL. PAGES HOMEOWNERS' v. DNR

No. 2003AP3353.

717 N.W.2d 166 (2006)

2006 WI 84

Jim HILTON, Acting on Behalf of PAGES HOMEOWNERS' ASSOCIATION, Plaintiff-Respondent-Petitioner, v. DEPARTMENT OF NATURAL RESOURCES, Defendant-Appellant.

Supreme Court of Wisconsin.

Decided July 6, 2006.


Attorney(s) appearing for the Case

For the plaintiff-respondent-petitioner there were briefs by Peter John Hoeper and Hoeper Law Offices, Waupun, and oral argument by Peter John Hoeper.

For the defendant-appellant the cause was argued by Joanne F. Kloppenburg, Assistant Attorney General, with whom on the briefs was Peggy A. Lautenschlager, Attorney General.

An amicus curiae brief was filed by John A. Kassner and Murphy Desmond 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 Thomas D. Larson and Debra P. Conrad, Madison, on behalf of the Wisconsin Realtors Association.

An amicus curiae brief was filed by William P. O'Connor, Mary Beth Peranteau, and Wheeler, Van Sickle & Anderson, S.C., Madison, on behalf of the Wisconsin Association of Lakes.


¶ 1 N. PATRICK CROOKS, J.

Jim Hilton, acting on behalf of the Pages Homeowners' Association (Association) appeals an unpublished decision of the court of appeals, reversing the decision of the circuit court which had modified the order of the Administrative Law Judge (ALJ)1 requiring that the Association reduce the number of boat slips on its pier. There are three principal issues on appeal: What standard of review must a court apply...

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