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Natural Resources — managed forest land

Wisconsin Court of Appeals

Civil

Natural Resources — managed forest land

Wayne Lautenbach appeals a forfeiture judgment for unlawfully leasing property enrolled in the managed forest land (MFL) program for recreational purposes, contrary to Wis. Stat. § 77.83(2)(am). Lautenbach argues that statute’s prohibition against leasing MFL property applies only to “open” MFL property and does not apply to his “closed” MFL property; therefore, he cannot be guilty of violating § 77.83(2)(am). Alternatively, Lautenbach contends the statutory prohibition against leasing MFL property is unconstitutionally vague, the State cited the wrong person, and his right to due process was violated when the terms of his contract with the DNR were unilaterally changed without notice. Finally, he objects to the circuit court’s factual determination that he leased MFL property to another. We reject Lautenbach’s arguments and affirm. This opinion will not be published.

2013AP1603 State v. Lautenbach

Dist III, Door County, Ehlers, J., Stark, J.

Attorneys: For Appellant: Wagener, Nicholas Andrew, Appleton; For Respondent: Korb, Joan M., Sturgeon Bay


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