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DE NAVA v. DNR

No. 85-0779.

140 Wis.2d 213 (1987)

409 N.W.2d 151

Jose L. DE NAVA and Cynthia J. Barr, Petitioners-Appellants, v. Wisconsin DEPARTMENT OF NATURAL RESOURCES, Respondent, Lindsay L. LENHART and Suzanne L. Lenhart, Intervenors.

Court of Appeals of Wisconsin.

Decided May 21, 1987.

Attorney(s) appearing for the Case

For the petitioners-appellants the cause was submitted on the briefs of Paul A. Croake and Peter A. Oppeneer of Ross & Stevens, S.C., of Madison.

For the respondent the cause was submitted on the briefs of Bronson C. La Follette, attorney general, and Robert M. Hunter, assistant attorney general.

For the intervenors the cause was submitted on the brief of Peter B. King of Fontana.

Before Gartzke, P.J., Eich and Sundby, JJ.

GARTZKE, P.J.

The principal question is whether the holder of an easement can, by virtue of the rights it grants, be a "riparian owner" under sec. 30.12, Stats. We conclude that the holder cannot. We therefore affirm the circuit court order affirming the order of the Department of Natural Resources (DNR) to the effect that the easement holders, Richard and Deborah Wertz, and their successors, cannot maintain a mooring buoy and boat lift on Lake Geneva.

A ten...

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