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R.W. DOCKS & SLIPS v. STATE

No. 99-2904.

238 Wis.2d 182 (2000)

2000 WI App 183

617 N.W.2d 519

R.W. DOCKS & SLIPS, Plaintiff-Appellant, v. STATE of Wisconsin and Wisconsin Department of Natural Resources, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided July 11, 2000.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Jason W. Whitley of Novitzke, Gust & Sempf of Amery.

On behalf of the defendants-respondents, the cause was submitted on the brief of James E. Doyle, attorney general, and Joanne F. Kloppenburg, assistant attorney general.

Before Cane, C.J., Hoover, P.J., and Peterson, J.

¶ 1. CANE, C.J.

R.W. Docks & Slips appeals from a summary judgment dismissing Docks' claim against the Wisconsin Department of Natural Resources. Docks argues that the circuit court erred by concluding that the DNR's denial of a dredging permit did not constitute a regulatory taking. Because Docks maintains the benefit of all or substantially all of its property and because it assumed the risk of loss inherent in commencing a project without all necessary...

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