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DEGAYNER & CO. v. DNR

No. 625 (1974).

70 Wis.2d 936 (1975)

236 N. W. 2d 217

DEGAYNER & COMPANY, INC., Appellant, v. DEPARTMENT OF NATURAL RESOURCES, Respondent.

Supreme Court of Wisconsin.

Decided December 19, 1975.

Attorney(s) appearing for the Case

For the appellant there were briefs by Axley, Brynelson, Herrick & Gehl of Madison, and oral argument by Eugene O. Gehl.

For the respondent the cause was argued by Steven B. Wickland, assistant attorney general, with whom on the brief was Bronson C. La Follette, attorney general, and a brief and oral argument by John E. Kofron, public intervenor.

A brief amicus curiae was filed by Lawton & Cates of Madison on behalf of William D. Beverly, Chairman Wild Rivers Committee, Sierra Club, John Muir Chapter; William A. Schultheis, Chairman Executive Committee, Sierra Club, John Muir Chapter; Thomas J. Rossberger; Lyman Williamson; B. C. Prentice; Robert J. Sneed; and the Sierra Club, John Muir Chapter.

HEFFERNAN, J.

This is an appeal from a judgment of the circuit court which sustained the order of the Department of Natural Resources (DNR) which held that Five Mile Creek, a tributary of the Namekagon river in Bayfield county, was navigable in fact. We affirm.

The record indicates that DeGayner & Company, Inc., was the sole riparian owner of Five Mile Creek. We are concerned with the navigability of that portion which runs from new county trunk M to the...

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