Sea View Estates Beach Club, Inc. v. DNR
In Sea View Estates Beach Club, Inc. v. DNR, 223 Wis. 2d 138, 144, 588 N.W.2d 667 (Ct. App. 1998), review denied, 225 Wis. 2d 489, 594 N.W.2d 383 (Wis. Apr. 6, 1999) ( No. 97-3418), Sea View applied to the Department of Natural Resources (DNR) for a pier permit.
Several third parties objected and, after a contested hearing, a DHA hearing examiner concluded that the DNR should issue a permit for a smaller pier than Sea View requested.
By not seeking judicial review, the DNR adopted the hearing examiner's decision as its own pursuant to Wis. Stat. 227.46(3)(a) and Wis. Admin. Code NR 2.155(1).
The Court granted great weight deference because the DNR had expertise in regulating piers and had been charged by the legislature with the duty of enforcing the laws regulating piers in navigable waters. See 223 Wis. 2d at 149.
isconsin Stat. 227.46(3) provides, in part:
With respect to contested cases except a hearing or review assigned to a hearing examiner under s. 227.43(1)(bg), an agency may by rule or in a particular case may by order:
(a) Direct that the hearing examiner's decision be the final decision of the agency.
Wisconsin Admin. Code NR 2.155(1) provides, in part:
"Unless the department petitions for judicial review as provided in s. 227.46(8), Stats., the decision shall be the final decision of the department, but may be reviewed in the manner described in s. NR 2.20."