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CITIZENS FOR U v. WIS. DEPT. OF NAT. RES.

No. 2008AP2537.

780 N.W.2d 194 (2010)

2010 WI App 21

CITIZENS FOR U, INC., George Mead and Susan Feith, Petitioners-Appellants, Mary Lamar and Michael Price, Petitioners, v. WISCONSIN DEPARTMENT OF NATURAL RESOURCES, Classic Development Corp. of Plover, Biron Licensee Group, LLC, Wood County, Consolidated Water Power Company and Village of Biron, Respondents-Respondents.

Court of Appeals of Wisconsin.

Opinion Filed January 21, 2010.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of Lawrie J. Kobza and Richard L. Bolton of Boardman, Suhr, Curry & Field, LLP, Madison.

On behalf of the respondent-respondent, Wisconsin Department of Natural Resources, the cause was submitted on the brief of Diane L. Milligan, assistant attorney general, and J.B. Van Hollen, attorney general.

On behalf of the respondents-respondents, Classic Development Corp. of Plover, Biron Licensee Group, LLC, and Wood County, the cause was submitted on the brief of Charles V. Sweeney and Lori M. Lubinsky of Axley Brynelson, LLP, Madison.

On behalf of the respondent-respondent, Consolidated Water Power Company, the cause was submitted on the brief of Douglas B. Clark, Michael S. Heffernan, and Trevor D. Stiles of Foley and Lardner, LLP, Madison.

Before VERGERONT, LUNDSTEN and HIGGINBOTHAM, JJ.

¶ 1 VERGERONT, J.

Citizens for U, Inc., challenges the Department of Natural Resources' (DNR) decision approving the petition to abandon a portion of County Highway U that provides public access to the Wisconsin River. Citizens for U contends the replacement public access is not equivalent or superior to that abandoned and therefore DNR's own regulations prohibit approving the petition. The circuit court affirmed DNR's decision and Citizens for U appeals.

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