ELR Citation: ELR 20030
No(s). 99-2306 (Wis. Ct. App. Aug 22, 2001)

The court reverses the granting of a permit to a public marina owner who sought to convert the marina from rental properties into privately owned units, known as dockominiums, which are similar to condominiums. The state environmental agency maintained that the marina owner had to apply for a new permit before conversion of the marine could occur. The owner applied for the new permit but claimed that, pursuant to an agreement entered by the marina owner and the state environmental agency, the environmental agency did not have jurisdiction to require the marina to apply for a new permit. The court first holds, however, that the marina owner waived this argument by applying for the permit in the first place. The court next holds that the marina owner's dockominium development violated the public trust doctrine by attempting to convey a perpetual exclusive right to a portion of the lake. A dockominium removes a portion of the public trust area from free availability for the citizens, which directly conflicts with the underpinning and careful limitations of the public trust doctrine. The state environmental agency may allow individuals to place docks in the water for access and reasonable use of the water by issuing permits but may not allow the passing of title to the water.

The full text of this decision is available from ELR (20 pp., ELR Order No. L-393).

[Counsel not available at this printing.]