Lake Beulah Mgmt. Dist. v. Village of East Troy

In the Wisconsin Department of Natural Resources (DNR) issued a permit to the village of East Troy to construct a municipal well. Lake Beulah Management District (LBMD) sought a declaratory action in circuit court seeking to enforce its ordinance, which purports to regulate and require permits for certain wells that withdraw water from the area around Lake Beulah. The village moved for summary judgment, asserting that the ordinance was invalid as preempted by state law. The circuit court granted the village's motion, and the court of appeals affirmed. The Supreme Court affirmed, holding that the ordinance was preempted by state law. The ordinance was invalid because it conflicted with, defeated the purpose of, and violated the spirit of the legislature's delegation of authority to the DNR to regulate high capacity wells. View "Lake Beulah Mgmt. Dist. v. Village of East Troy" on Justia Law