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R.W. Docks & Slips v. State

628 N.W.2d 781 (2001)

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R.W. Docks & Slips v. State

Wisconsin Supreme Court
628 N.W.2d 781 (2001)

  • Written by Sheryl McGrath, JD

Facts

R.W. Docks & Slips (developer) (plaintiff) planned to construct a Lake Superior marina with about 270 boat slips. The developer built a breakwater and built all but 71 of the boat slips. As a result of the breakwater, a weed bed grew on the shoreline. When the developer applied for a permit to dredge the shoreline for construction of the remaining 71 slips, the permit was denied by the Wisconsin Department of Natural Resources (state) (defendant). The state found that the proposed dredging would damage the weed bed and that accordingly the permit must be denied. The developer filed a regulatory-taking claim against the state. In the claim, the developer alleged that the marina had been operating at a deficit and that construction of the remaining 71 slips was necessary to make the marina profitable. The trial court and intermediate appellate court denied the developer’s taking claim. The developer appealed to the Wisconsin Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Sykes, J.)

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