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Supreme Court Rules Against East Troy Lake Group
Supreme Court Rules Against East Troy Lake Group
By KEVIN MURPHY Thursday, July 7, 2011 gazettextra.com
MADISON — In two decisions Wednesday, the Wisconsin Supreme Court defeated an East Troy area lake association’s attempt to prevent the village from using a high capacity municipal well near Lake Beulah.
In a case the Lake Beulah Management District brought against East Troy and the Department of Natural Resources, the high court upheld lower court rulings that invalidated the district’s ordinance requiring district approval of water diverted from the lake’s basin.
In a 12-page opinion, Justice Patrick Crooks wrote that state law recognizes the DNR’s authority to site and regulate high capacity wells, and that pre-empts the district’s ordinance.
In 2003, the DNR ordered East Troy to increase its water capacity under regulations that require municipalities to have sufficient capacity to meet the highest daily demand if the largest capacity well isn’t functioning.
“We came close to being fined by the DNR for not having another operating well completed … due to delays caused by the district” contesting the site, Village President William Loesch said.
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