Munninghoff v. Wisconsin Conservation Commission
Wisconsin Supreme Court
38 N.W.2d 712 (1949)
- Written by Erin Enser, JD
Facts
Paul Munninghoff (plaintiff) owned a piece of land, a portion of which was submerged beneath the navigable waters of the Wisconsin River. Pursuant to state law, a person in possession of suitable land could, upon obtaining the appropriate license, operate a farm for breeding, propagating, trapping, and dealing in muskrats. One method of trapping muskrats was a float trap, which was anchored to the bottom of a body of water with the trap floating on top. Munninghoff applied to the Wisconsin Conservation Commission (the commission) (defendant) for a license to operate a muskrat farm on his land. The commission denied Munninghoff’s license application, stating that it could not grant such a license for navigable waters and that muskrat trapping, if conducted in navigable waters, is an incident to navigation, which is available to the public. Munninghoff appealed, and the commission’s denial was reversed. The commission appealed the reversal.
Rule of Law
Issue
Holding and Reasoning (Martin, J.)
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