LAKE BEULAH MGMT. v. VILLAGE OF EAST TROY

No. 2009AP2021.

799 N.W.2d 787 (2011)

2011 WI 55

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

Supreme Court of Wisconsin.

July 6, 2011.


Attorney(s) appearing for the Case

For the plaintiff-appellant-petitioner there were briefs and oral argument by Dean P. Laing , and O'Neil, Cannon , Hollman, DeJong & Laing S.C.

For the defendant-respondent there was a brief and oral argument by Paul G. Kent , Barbara A. Neider and Stafford Rosenbaum LLP.


N. PATRICK CROOKS, J.

¶ 1 This is a review of a published decision of the court of appeals1 concluding that Lake Beulah Management District's (LBMD) ordinance, purporting to regulate and require permits for certain wells that withdraw water from the area around Lake Beulah, was invalid as preempted by the legislature's grant of authority to the Department of Natural Resources (DNR) to regulate high capacity wells. LBMD brought a declaratory...

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