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