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R.W. DOCKS & SLIPS v. STATE

No. 99-2904.

244 Wis.2d 497 (2001)

2001 WI 73

628 N.W.2d 781

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

Supreme Court of Wisconsin.

Decided June 28, 2001.

Attorney(s) appearing for the Case

For the plaintiff-appellant-petitioner there were briefs by Jason W. Whitely and Novitzke, Gust & Sempf, Amery, and oral argument by Jason W. Whitley.

For the defendants-respondents the cause was argued by JoAnne F. Kloppenburg, assistant attorney general, with whom on the brief was James E. Doyle, attorney general.

¶ 1. DIANE S. SYKES, J.

This case pits a small emergent weedbed along the shores of Lake Superior in Bayfield, Wisconsin, against the developer of a private marina on those same shores. The Wisconsin Department of Natural Resources sided with the weedbed, and denied the developer a dredging permit needed to complete the final phase of the marina development. The case has an ironic twist: the small emergent weedbed would not have "emerged" at all were it not for...

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