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Maintenance Petition – Performance of Duties

By: Derek Hawkins//March 7, 2016//

Maintenance Petition – Performance of Duties

By: Derek Hawkins//March 7, 2016//

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WI Court of Appeals – District III

Case Name: Paul M. Murphy, et al v. Oconto County Drainage Board

Case No.: 2014AP2206; 2015AP738

Officials: Stark, P.J., Hruz and Seidl, JJ

Focus: Maintenance Petition – Performance of Duties

In these consolidated appeals, Paul Murphy and Rosalie Murphy1 (the Murphys) appeal circuit court orders affirming the Oconto County Drainage Board’s (the Board) decisions to (1) deny the Murphys’ maintenance petitions requesting that the Board perform certain drainage activities, and (2) grant suspension petitions filed on behalf of other landowners requesting that the Stiles/Lena Drainage District (the District) conduct no further proceedings and incur no further expenses. The Murphys raise numerous challenges to the Board’s decisions on both sets of petitions, claiming, among other things, that they have a “vested right” to drainage and the Board was biased against them. Under certiorari review, we conclude the Board acted appropriately: contrary to the Murphys’ assertions, the Board’s decisions were not contrary to law or arbitrary or unreasonable, and its decision on the maintenance petition was supported by substantial evidence. Accordingly, we affirm the circuit court’s orders.

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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