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DEPT. OF NATURAL RESOURCES v. LAKE NOQUEBAY

No. 2010AP2076.

803 N.W.2d 86 (2011)

2011 WI App 119

WISCONSIN DEPARTMENT OF NATURAL RESOURCES, Plaintiff-Appellant, v. BUILDING AND ALL RELATED OR ATTACHED STRUCTURES ENCROACHING ON the LAKE NOQUEBAY WILDLIFE AREA, Township 32 North, Range 21 East, Township of Lake, Marinette County Wisconsin DNR Section 10, Being Part of Government Lot 1 and Wied Trust of 1996, Defendants-Respondents.

Court of Appeals of Wisconsin.

Opinion Filed July 6, 2011.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of J.B. Van Hollen , attorney general, and Robert M. Hunter , assistant attorney general.

On behalf of the defendants-respondents, the cause was submitted on the brief of David J. Herrick of Herrick Law Offices, Niagara.

Before HOOVER, P.J., PETERSON and BRUNNER, JJ.

HOOVER, P.J.

¶ 1 The Wisconsin Department of Natural Resources (DNR) appeals a judgment awarding adversely possessed land to the Wied Trust of 1996 (the Wieds). The primary issue presented is which version of WIS. STAT. § 893.29 applies, as it was repealed and recreated twice during the time the Wieds adversely possessed the DNR's land. We refer to the 1965,1 1980, and 1998 versions of the statute, which, respectively, require...

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