Please ensure Javascript is enabled for purposes of website accessibility

2010AP2034 Manlick v. Loppnow

By: WISCONSIN LAW JOURNAL STAFF//August 2, 2011//

2010AP2034 Manlick v. Loppnow

By: WISCONSIN LAW JOURNAL STAFF//August 2, 2011//

Listen to this article

Property
Riparian boundaries

Where a shoreline is curved, the trial court properly exercised its discretion in applying the coterminous method to determine property owner’s riparian boundaries.

“Following the close of evidence, in response to the Loppnows’ motion to  dismiss, the trial court concluded that the coterminous method suggested by the  Loppnows was the most equitable method by which to determine the parties’  riparian rights.  In making its decision, the trial court considered ‘the  historical use of the various lots, the layout of the land, the layout of the  riparian areas that historically have been in place,’ the experts’ testimony,  and a DNR handout on pier placement.  After reviewing that evidence, the trial  court concluded that considering ‘the curves that are involved, [that is,] the  shape of the shore line, the best approach to maintain fairness among all  property owners, including the two that are involved in this case, is the  coterminous method.’  The trial court’s decision was thoughtful and well  reasoned and is not clearly erroneous.”

Affirmed.

Recommended for publication in the official reports.

2010AP2034 Manlick v. Loppnow

Dist. II, Waukesha County, Bohren, J., Brennan, J.

Attorneys: For Appellant: Schober, Patricia A., Brookfield; For Respondent: Bruce, John M., New Berlin; Marola, Thomas J., West Allis

Full Text

Polls

Should Steven Avery be granted a new evidentiary hearing?

View Results

Loading ... Loading ...

Legal News

See All Legal News

WLJ People

Sea all WLJ People

Opinion Digests