Jessica McCarthy Trust is suing Department of Natural Resources for denying a permit to construct a solid pier on Green Bay’s lakebed due to concerns about its impact on public interest and…

In a recent decision by the Wisconsin Court of Appeals, the court upheld the Department of Natural Resources’ (DNR) denial of a permit application submitted by the Jessica McCarthy Trust. The Trust sought to construct a solid pier on the lakebed of Green Bay in Door County, but the DNR rejected the application, citing concerns over potential detrimental impacts on public interest, aquatic life, littoral drift, water quality, and public use. The Trust argued that their proposal met statutory criteria and accused the DNR of applying an unlawful blanket policy against solid piers. However, the court found that the DNR’s decision was based on specific site observations and scientific studies rather than any categorical ban. The ruling emphasized that applicants bear the burden of proving their projects will not harm public interests.