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ROCK-KOSHKONONG LAKE v. DEPT. OF NAT. RES.

No. 2008AP1523.

803 N.W.2d 853 (2011)

2011 WI App 115

ROCK-KOSHKONONG LAKE DITRICT, Rock River-Koshkonong Association, Inc. and Lake Koshkonong Recreational Association, Inc., Petitioners-Appellants, v. STATE of Wisconsin DEPARTMENT OF NATURAL RESOURCES, Respondent-Respondent, Lake Koshkonong Wetland Association, Inc. and Thiebeau Hunting Club, Intervenors-Respondents.

Court of Appeals of Wisconsin.

Submitted on Briefs March 6, 2009.

Attorney(s) appearing for the Case

On behalf of the petitioners-appellants, the cause was submitted on the brief of William P. O'Connor and Mary Beth Peranteau of Wheeler, Van Sickle & Anderson, S.C., Madison; and Arthur J. Harrington and Douglas M. Poland of Godfrey & Kahn, S.C., Milwaukee.

On behalf of the respondent-respondent, the cause was submitted on the brief of JoAnne F. Kloppenburg , assistant attorney general, and J.B. Van Hollen , attorney general.

On behalf of the intervenors-respondents, the cause was submitted on the brief of Charles V. Sweeney and Mitchell R. Olson of Axley Brynelson, LLP, Madison.

Before Vergeront, P.J., LUNDSTEN and HIGGINBOTHAM, JJ.

HIGGINBOTHAM, J.

¶ 1 This is an appeal of a Wisconsin Department of Natural Resources (DNR) order setting target water levels for Lake Koshkonong, an impounded lake on the Rock River. The Rock-Koshkonong Lake District, Rock River-Koshkonong Association, Inc. and Lake Koshkonong Recreational Association, Inc. (collectively, "the District") petitioned the DNR to raise the water levels of Lake Koshkonong. The DNR issued an order rejecting the petition, which was...

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