A judicial decision on an appeal of the Department of Natural Resources (DNR) Ordinary High Watermark (OHWM) made in January for the Sturgeon Bay waterfront by 22 residents could come as early as mid-May. A teleconference was held Wednesday morning by Circuit Court Branch 4 Judge Gregory Gill, Jr. of Outagamie County. Attorney Brett Reetz representing the petitioners, including former city council and Waterfront Redevelopment Authority member Thomas "Cap" Wulf, argued that they have the standing to bring forward the appeal.
Assistant Attorney General Jennifer Limbach representing the DNR says the petitioners do not meet the two standards of having been injured or shown a violation of the law.
After hearing arguments by both parties, Judge Gill set a timeline that will have a written response by the petitioners by April 5 and a reply by the DNR by April 19. Judge Gill says the Friends of the Sturgeon Bay Public Waterfront, who negotiated a compromise with the City of Sturgeon Bay on the DNR's OWHM ruling, will be included in future hearings. He says his final ruling will be made within 30 days after receiving the written arguments.
Below is the entire 30-minute teleconference audio.