Certiorari Review – Habitat Project

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WI Court of Appeals – District IV

Case Name: Donald Isherwood, et al. v. Portage County Drainage District

Case No.: 2018AP1271

Officials: Fitzpatrick, P.J., Blanchard, and Kloppenburg, JJ.

Focus: Certiorari Review – Habitat Project

Donald Isherwood, Lynn Isherwood, and Isherwood Family Farms, LLC (“the Isherwoods”) filed two petitions for certiorari review challenging actions by the Portage County Drainage District (“the District”). These actions involve materials that the Isherwoods placed in a lateral drainage ditch (“the lateral”) that runs through the Isherwoods’ property. The Isherwoods take the position that the materials they placed in the lateral created an enhanced habitat for trout and improved the flow of water in the lateral. In their petitions, the Isherwoods contend that the District improperly issued an order announcing a plan “to remove all obstructions in the Isherwood lateral,” and later improperly denied the Isherwoods’ application for after-the-fact approval of the habitat project. In this appeal of the consolidated certiorari actions, the District challenges various rulings of the circuit court in favor of the Isherwoods. We affirm.

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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.