City to Consider Hiring Special Council for DNR High Water Mark Ruling

In anticipation of a declaratory ruling by the Department of Natural Resources in connection with the ordinary high water mark for a parcel on Sturgeon Bay’s west side waterfront, a recommendation is calling for the hiring of a special legal counsel to guide the city through the process. Paul Kent, a Madison attorney with expertise in the field, is being recommended for the job. When Waupaca County Judge Raymond Huber ruled in favor of a group opposed to a hotel on the waterfront property, he noted that the city property referred to as “Parcel 92,” could not be sold until the Department of Natural Resources determined the ordinary high water mark by way of a declaratory ruling. The process includes a public hearing. After city staff reviewed the statute, with input from the city attorney, it was decided that Attorney Kent should be hired to act as special counsel in the declaratory ruling matter expected to come before the DNR in 30 to 60 days. The matter is on the agenda for Tuesday’s meeting of the city council.

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