Prehearing Conference for 1989 Holdings, LLC for a permit to construct two piers and 20 boat slips on Pewaukee Lake in the City of Pewaukee
Date: 10/23/2023
Time: 10:00 a.m. - End of Agenda
Location: Virtual
Sue Burns, susan.burns2@wisconsin.gov
On Dec. 30, 2022, 1989 Holdings, LLC filed an application, Application IP-SE-2022-68-05007, with the Wisconsin Department of Natural Resources (DNR) for a permit to construct two piers and 20 boat slips on Pewaukee Lake in the city of Pewaukee. The DNR denied the application by decision dated May 12, 2023.
On June 12, 2023, 1989 Holdings, LLC filed a petition for a contested case hearing with the DNR to review the denial pursuant to Wis. Stat. §§ 30.209 and 227.42 and Wis. Admin. Code § NR 2.05. By letter dated July 12, 2023, the DNR granted the request for a contested case hearing, which the DNR limited to the following issues: (1) whether the proposed piers and boat slips met the public interest standard set forth in Wis. Stat. § 30.12(3m)(c); and (2) whether the proposed piers and boat slips constituted a reasonable use of the riparian property.
On Aug. 10, 2023, the Division of Hearings and Appeals received, for filing, an original request for hearing from the DNR. The parties have conferred and agreed to a date for a prehearing conference and dates for the contested case hearing.
NOTICE IS HEREBY GIVEN that the State of Wisconsin Division of Hearings and Appeals will hold a prehearing conference on the above-captioned matter pursuant to Wis. Stat. § 227.46(1) and Wis. Admin. Code §§ NR 2.08(5) and 2.12, via Microsoft Teams on Oct. 23, 2023 at 10 a.m.
Interested persons may request an email invitation to the Teams Video Conference by contacting the Division of Hearings and Appeals at 608-266-7709. In the alternative, those interested in participating may participate by telephone by calling 608-571-2209 and entering Meeting ID 469 831 763#.
Any person, organization, or governmental unit wishing to become a party to this proceeding must attend the conference personally or by an authorized representative. The purpose of the prehearing conference will be to identify parties to the proceeding, to simplify or clarify the issues which may be contested at the hearing, identify witnesses, discuss the exchange of exhibits, establish a discovery schedule, address any other matters as may aid in the disposition of the action, and confirm the date for the contested case hearing. No testimony will be heard at the prehearing conference.
