LAKE BEULAH MANAGEMENT DIST. v. STATE DNR.

No. 2008AP3170.

799 N.W.2d 73 (2011)

2011 WI 54

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-Petitioner.

Supreme Court of Wisconsin.

Decided July 6, 2011.


Attorney(s) appearing for the Case

For the intervening-respondent-respondent-cross-appellant-petitioner Village of East Troy there were briefs by Paul G. Kent and Barbara A. Neider , Stafford Rosenbaum LLP, Madison and oral argument by Paul G. Kent .

For the petitioner-appellant-cross-respondent Lake Beulah Management District there was a brief by Dean P. Laing , O'Neil, Cannon, Hollman, DeJohg & Laing S.C., Milwaukee and oral argument by Dean P. Laing.

For the co-petitioner-co-appellant-cross-respondent Lake Beulah Protective and Improvement Association there was a brief by William T. Stuart , Meissner Tierney Fisher & Nichols, S.C.

For the respondent-respondent State of Wisconsin Department of Natural Resources there was a brief by Carl A. Sinderbrand , Axley Brynelson, LLP and Judith M. Ohm , Wisconsin Department of Natural Resources and oral argument by Carl A. Sinderbrand.

There was an amicus brief by Andrew C. Cook , Robert I Fassbender and Great Lakes Legal Foundation, Inc., Madison, on behalf of Attorneys for Dairy Business Association, Midwest Food Producers Association, Wisconsin Manufactures & Commerce, and Wisconsin Paper Council.

There was an amicus brief by Michael D. Dean and First Freedoms Foundation, Inc., Waukesha and Theodore Hadzi-Antich and Pacific Legal Foundation, Sacramento on behalf of Pacific Legal Foundation.

There was an amicus brief by Thomas D. Larson and Wisconsin Realtors Association, Madison on behalf of Wisconsin Realtors Association and the Wisconsin Builders Association.

There was an amicus brief by Jodi Habush Sinykin and Elizabeth Lawton and Midwest Environmental Advocates, Madison on behalf of Wisconsin Wildlife Federation, River Alliance of Wisconsin and Clean Wisconsin.

There was an amicus brief by Claire Silverman and League of Wisconsin Municipalities, Madison and Brian G. Formella and Anderson, O'Brien, Bertz, Skrenes & Golla, Stevens Point on behalf of Wisconsin Rural Water Association, Inc..

There was a nonparty brief by William P. O'Connor , and Mary Beth Peranteau and Wheller, Van Sickle & Anderson, S.C. on behalf of Wisconsin Association of Lakes.


N. PATRICK CROOKS, J.

¶ 1 This is a review of a published decision of the court of appeals1 involving the Wisconsin Department of Natural Resources' (DNR) decision to issue a permit to the Village of East Troy (the Village) for a municipal well, Well No. 7, on September 6, 2005. Well No. 7 was constructed and began operating on August 1, 2008.2 The Lake Beulah...

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