FRIENDS OF BLACK RIVER v. KOHLER CO.

No. 2019AP299 & 2019AP534.

977 N.W.2d 342 (2022)

2022 WI 52

FRIENDS OF the BLACK RIVER FOREST and Claudia Bricks, Petitioners-Appellants, v. KOHLER COMPANY, Intervenor-Respondent-Petitioner, Wisconsin Department of Natural Resources and Natural Resources Board, Respondents-Respondents-Cross Petitioners.

Supreme Court of Wisconsin.

Opinion Filed: June 30, 2022.


Attorney(s) appearing for the Case

For the intervenor-respondent-petitioner, there were briefs filed by Deborah C. Tomczyk , Jessica Hutson Polakowski , Monica A. Mark , and Reinhart Boerner Van Deuren S.C., Madison. There was an oral argument by Eric A. Shumsky .

For the respondents-respondents-cross-petitioners, there were briefs filed by Gabe Johnson-Karp , assistant attorney general, with whom on the briefs was Joshua L. Kaul , attorney general. There was an oral argument by Gabe Johnson-Karp .

For the petitioners-appellants, there was a brief filed by Christa O. Westerberg , Leslie A. Freehil , Aaron G. Dumas and Pines Bach LLP, Madison. There was an oral argument by Christa O. Westerberg .

Amicus curiae briefs were filed by Katie Nekola and Evan Feinauer , for Clean Wisconsin, Inc.

REBECCA GRASSL BRADLEY, J., delivered the majority opinion of the Court, in which ZIEGLER, C.J., ROGGENSACK, and HAGEDORN, JJ., joined. HAGEDORN, J., filed a concurring opinion. KAROFSKY, J., filed a dissenting opinion, in which ANN WALSH BRADLEY and DALLET, JJ., joined.


¶1 Kohler Company (Kohler), the Natural Resources Board (the Board), and the Department of Natural Resources (the Department) seek review of a court of appeals decision1 reversing orders of the circuit court for Sheboygan and Dane Counties dismissing challenges by the Friends of the Black...

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