LAKE BEULAH MANAGEMENT DIST. v. STATE DNR

No. 2008AP3170.

787 N.W.2d 926 (2010)

2010 WI App 85

LAKE BEULAH MANAGEMENT DISTRICT, Petitioner-Appellant-Cross-Respondent, Lake Beulah Protective and Improvement Association, Co-Petitioner-Co-Appellant-Cross-Respondent, v. STATE of Wisconsin DEPARTMENT OF NATURAL RESOURCES, Respondent-Respondent, Village of East Troy, Intervening-Respondent-Respondent-Cross-Appellant.

Court of Appeals of Wisconsin.

Opinion Filed June 16, 2010.


Attorney(s) appearing for the Case

On behalf of the petitioner-appellant-cross-respondent, the cause was submitted on the brief of and oral argument by Dean P. Laing of O'Neil, Cannon, Hollman, DeJong, S.C., of Milwaukee.

On behalf of the co-petitioner-co-appellant-cross-respondent, the cause was submitted on the brief of William T. Stuart of Meissner Tierney Fisher & Nichols, S.C., of Milwaukee.

A combined reply brief of petitioner-appellant-cross-respondent and co-petitioner-co-appellant-cross-respondent was filed by Dean P. Laing of O'Neil, Cannon, Hollman, DeJong, S.C., and William T. Stuart of Meissner Tierney Fisher & Nichols, S.C.

On behalf of the respondent-respondent, the cause was submitted on the brief of and oral argument by Judith M. Ohm of the Bureau of Legal Services, Madison.

On behalf of the intervening-respondent-respondent-cross-appellant, the cause was submitted on the briefs of and oral argument by Paul. G. Kent of Anderson & Kent, S.C., of Madison.

Before BROWN, C.J., NEUBAUER, P.J., and ANDERSON, J.


BROWN, C.J.

¶ 1 This decision explores the interplay between the public trust doctrine and the regulation of high capacity wells, especially when citizens or conservancy organizations such as lake management districts perceive that a proposed well may adversely affect nearby navigable waters. We will go through our analysis in some detail, but for purposes of this introductory statement, it is enough to say the following: The statutes identify three types of...

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