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STATE v. DEETZ

No. 235.

66 Wis.2d 1 (1974)

224 N.W.2d 407

STATE, Appellant, v. DEETZ and others, Respondents.

Supreme Court of Wisconsin.

Decided December 20, 1974.

Attorney(s) appearing for the Case

For the appellant the cause was argued by John E. Kofron, assistant attorney general, with whom on the briefs was Robert W. Warren, attorney general.

For the respondents there was a joint brief for the respondents James E. Deetz, Patricia J. Deetz and Wildwood Bluffs Estates Association, Inc., by Walter H. Erbach and Voss, Nesson & Koberstein, S. C., all of Madison, and for the respondent town of Dekorra by Miller & Miller of Portage; and oral argument for the respondents James E. Deetz, Patricia J. Deetz and Wildwood Bluffs Estates Association, Inc., by Robert C. Voss, and for the respondent town of Dekorra by John O. Miller.

HEFFERNAN, J.

The principal question presented on this appeal is whether this jurisdiction should adhere to the "common enemy" doctrine in respect to surface waters, or abandon it in favor of the "reasonable use" doctrine, as numerous other jurisdictions have done. Other subsidiary issues are raised on this appeal.

This action was brought by the state of Wisconsin against James E. and Patricia J. Deetz, the Wildwood Bluffs Estates Association, Inc., and the...

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