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VANDE ZANDE v. TOWN OF MARQUETTE

No. 2007AP2354.

758 N.W.2d 187 (2008)

2008 WI App 144

Mark VANDE ZANDE, Debra Vande Zande, Steven Birch, Gaile Birch, Robert McDowell, Sharon McDowell, Roger Schultz and Dorothy Schultz, Plaintiffs-Appellants, v. TOWN OF MARQUETTE and Town of Marquette, Town Board, Defendants-Respondents.

Court of Appeals of Wisconsin.

Opinion Filed August 13, 2008.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of Aaron J. Bernstein of Law Offices of Jonathan V. Goodman of Milwaukee.

On behalf of the defendants-respondents, the cause was submitted on the brief of Robert G. Wixson of Winner, Wixson & Pernitz of Madison.

Before BROWN, C.J., SNYDER and NEUBAUER, JJ.

¶ 1 BROWN, C.J.

In Wisconsin, the state holds title to the beds of navigable lakes, ponds and rivers in trust for the public's use and enjoyment. See R.W. Docks & Slips v. State, 2001 WI 73, ¶ 19, 244 Wis.2d 497, 628 N.W.2d 781. Of course, title or no, the public cannot enjoy waters that it cannot get to. Accordingly, since 1923, the legislature has required the developers...

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