Natural Resources — judicial review — timeliness

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Wisconsin Court of Appeals

Civil

Natural Resources — judicial review — timeliness

The City of Kaukauna appeals, and the Town of Harrison cross-appeals, a judgment affirming a decision by the Department of Natural Resources (DNR). On Feb. 24, 2009, the DNR conditionally approved amendments to a regional sewer service plan proposed by Harrison and Darboy Sanitary District No. 1. Kaukauna, which lost the right to service 89 acres under the amendments, did not seek judicial review until January 7, 2010, well beyond the six-month time limitation established by our case law to petition for review of administrative decisions in uncontested cases. Accordingly, we conclude Kaukauna’s petition for judicial review was untimely. We therefore reverse the circuit court’s judgment adjudicating Kaukauna’s petition on its merits, and remand to the circuit court to dismiss the petition for lack of jurisdiction. This opinion will not be published.

2011AP505 City of Kaukauna v. Wisconsin Department of Natural Resources, et al.

Dist III, Outagamie County, Krueger, J., Per Curiam

Attorneys: For Appellant: Sinderbrand, Carl A., Madison; Conrad, Peter J., Madison; For Respondent: Milligan, Diane L., Madison