LAKE BEULAH v. VILLAGE OF EAST TROY

No. 2009AP2021.

791 N.W.2d 385 (2010)

2010 WI App 127

LAKE BEULAH MANAGEMENT DISTRICT, Plaintiff-Appellant, v. VILLAGE OF EAST TROY, Defendant-Respondent.

Court of Appeals of Wisconsin.

Opinion Filed August 25, 2010.


Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Dean P. Laing of O'Neil, Cannon, Hollman, DeJong S.C., Milwaukee.

On behalf of the defendant-respondent, the cause was submitted on the brief of Paul G. Kent of Anderson & Kent, S.C., Madison.

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


ANDERSON, J.

¶ 1 The Lake Beulah Management District (the District) appeals from an order granting summary judgment to the Village of East Troy (the Village) invalidating the District's 2006 ordinance regulating the withdrawal of groundwater. The state legislature's explicit grant of authority to the Wisconsin Department of Natural Resources (DNR) preempts the District's ordinance. We affirm the circuit court on this ground.

¶ 2 This case represents...

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