JUDICIAL DEVELOPMENTS

October 2006

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Wisconsin Supreme Court Reaffirms Agency Authority over Determinations of Reasonable Pier Use
Hilton v.Wisconsin Dep’t of Natural Resources

Petitioner Hilton, acting on behalf of a homeowners’ association (Association), challenged a Wisconsin Department of Natural Resources (DNR) decision that the Association should be limited to a 226-foot pier with no more than eleven boat slips on its Green Lake riparian property. The DNR adopted its position from a 2002 decision by an administrative law judge (ALJ). On appeal, the Association and the DNR disagreed on the proper standard of review for the court to apply to an ALJ decision adopted by the DNR on a matter within the DNR’s particular area of expertise. In addition, the Association argued that the DNR’s decision was not reasonable, consistent with applicable law, or supported by substantial evidence in the record. On July 6, 2006, the Supreme Court of Wisconsin affirmed the Court of Appeals in favor of the DNR.