STATE v. McDONALD LUMBER CO.


18 Wis.2d 173 (1962)

STATE, Appellant, v. McDONALD LUMBER COMPANY, INC., Respondent.

Supreme Court of Wisconsin.

November 27, 1962.


Attorney(s) appearing for the Case

For the appellant the cause was argued by Albert Harriman and Roy G. Tulane, assistant attorneys general, with whom on the briefs was John W. Reynolds, attorney general.

For the respondent there was a brief by Evrard, Evrard, Duffy, Holman & Faulds of Green Bay, and oral argument by James Faulds, Raymond E. Evrard, and Joseph P. Holman.


GORDON, J.

The appellant urges that in connection with its third and fourth causes of action the trial court erred in failing to enjoin the respondent's trespass upon the state's property and in failing to abate the continuation of a nuisance. The success of the state's contentions is contingent upon its ability to establish with accuracy an old shoreline upon what is presently upland.

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