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STATE v. TRUDEAU

No. 85-0818.

139 Wis.2d 91 (1987)

408 N.W.2d 337

STATE of Wisconsin, Plaintiff-Appellant, v. Thomas D. TRUDEAU, Trudeau Development, Inc., Trudeau Construction, Inc., Superior Development, Inc., Defendants-Respondents-Petitioners, The ASHLAND COUNTY BOARD OF ADJUSTMENT, Larry Hildebrandt, Ashland County Zoning Administrator, Defendants-Respondents.

Supreme Court of Wisconsin.

Decided June 11, 1987.

Attorney(s) appearing for the Case

For the defendants-respondents-petitioners there were briefs by Samuel J. Recht, David L. Peterson, Susan LaCava, Quarles & Brady, Milwaukee, Ronald E. Martell, Gregory M. Bistram, Timothy C. Cook and Moore, Costello & Hart, St. Paul, MN, and oral argument by Samuel J. Recht and Ronald E. Martell.

For the plaintiff-appellant the cause was argued by Thomas L. Dosch, assistant attorney general, with whom on the brief was Bronson C. La Follette, attorney general.

STEINMETZ, J.

The first issue as presented by the parties is whether the land lying below the ordinary high water mark (OHWM) of Lake Superior, which is naturally subject to the flow of water to and from the lake, is part of the bed of Lake Superior even though the water which inundates the site is not navigable. The Ashland county circuit court, the Honorable William E. Chase, held that the disputed property was not lakebed because the plaintiff, state of Wisconsin...

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