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KOHLER CO. v. DEPT. OF NATURAL RESOURCES

Appeal No. 2021AP1187.

3 N.W.3d 172 (2023)

2024 WI App 2

KOHLER CO., Petitioner-Appellant, v. WISCONSIN DEPARTMENT OF NATURAL RESOURCES, Respondent-Respondent, Claudia Bricks and Friends of the Black River Forest, Intervenors-Respondents.

Court of Appeals of Wisconsin.

Opinion Filed: December 5, 2023.

Attorney(s) appearing for the Case

On behalf of the petitioner-appellant, the cause was submitted on the briefs of Deborah C. Tomczyk , Jessica Hutson Polakowski and Monica A. Mark of Reinhart Boerner Van Deuren s.c., Madison.

On behalf of the respondent-respondent, the cause was submitted on the brief of Joshua L. Kaul , attorney general, and Gabe Johnson-Karp , assistant attorney general.

On behalf of the intervenors-respondents, the cause was submitted on the brief of Christa O. Westerberg and Leslie A. Freehill of Pines Bach LLP, Madison.

Before Stark, P.J., Hruz and Gill, JJ.

¶1 In anticipation of building a new golf course, Kohler Company sought approval from the Department of Natural Resources (DNR) for a "wetland individual permit" to discharge dredged material or fill material into 3.69 acres of wetlands. Following a lengthy process, the DNR granted Kohler's permit request. Claudia Bricks and Friends...

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