DNR Violation Case

This firm was retained as defense counsel for an individual who was being wrongly accused by the Wisconsin Department of Transportation and the Department of Justice relative to Department of Natural Resources violations pertaining to a barge that was sunk in the Milwaukee River.

Bucher Law Group, LLC, assisted the client relative to litigation and whether the Department of Justice had commenced this case appropriately and was utilizing the appropriate procedure. There were many aspects to this case that were handled by co-counsel. Ultimately and unfortunately, judgment was ordered against our client in the trial court and the Court of Appeals. However, the Wisconsin Supreme Court reversed the decision in State of Wisconsin v. Basil E. Ryan, Jr., Milwaukee County Case No. 2008-CX-000004, and agreed with this firm's argument that the civil procedure utilized by the Department of Justice in the trial court relative to the DNR violation situation was not appropriate. Summary judgment and the other rules and procedures did not apply in this case. The Supreme Court indicated that this should have been a case where our client could plead either not guilty or guilty and move to trial, without engaging in summary judgment or other civil procedures that we did not feel applied to this case.

While our arguments were rejected by the trial court and the Court of Appeals, they were embraced by the State Supreme Court. The case was remanded to the trial court for a retrial, consistent with the procedures we advocated that applied in this matter.

As of the date of this article, the case has not been set for trial, but is expected in the near future. We will continue to assist this client in ensuring that the proper procedures are utilized, and we will work to ensure that the court realizes that our client is not responsible for the alleged DNR violation, but that the state of Wisconsin actually committed the violation.

Bucher Law Group, LLC , is ready to assist you in a wide variety of cases to ensure that your rights are protected. Should you find yourself in a situation where you are affronted by governmental procedures that you do not feel are appropriate in your case, please do not hesitate to contact Bucher Law Group, LLC.