Implicit Findings – Statutory Excemptions

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WI Supreme Court

Case Name: Terrie Myers, et al. v. Wisconsin Department of Natural Resources

Case No.: 2019 WI 5

Focus: Implicit Findings – Statutory Excemptions

Philip and Terrie Myers seek review of an unpublished per curiam decision of the court of appeals affirming in part and reversing in part the circuit court. The Myers seek review of the Wisconsin Department of Natural Resources’ (DNR) unilateral amendment to their pier permit.

On petition to this court, the Myers seek review of three issues: (1) whether the DNR had the authority to amend their permit; (2) whether two exemptions in Wis. Stat. § 30.12(1k) barred the DNR’s actions; and (3) whether the court of appeals could rely on “implicit findings” made by the DNR at a public informational hearing to conclude that the statutory exemptions in § 30.12(1k) did not apply to the Myers’ pier.

We conclude that the DNR did not have the authority to unilaterally amend the Myers’ permit. We therefore reverse the decision of the court of appeals. Because the DNR did not have the authority to amend the Myers’ permit, we need not reach the issues related to the application of the statutory exemptions set forth in Wis. Stat. § 30.12(1k).

Reversed

Concur:

Dissent: A. W. Bradley, J. dissents (opinion filed).

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.