Court Error – Public Trust Doctrine

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WI Court of Appeals – District III

Case Name: Jerome Movrich et al v. David J.Lobermeier

Case No.: 2015AP583

Officials: Curley, P.J., Kessler and Brash, JJ.

Focus: Court Error – Public Trust Doctrine

David J. Lobermeier and Diane Lobermeier (collectively, the Lobermeiers) appeal from a judgment entered in favor of Jerome Movrich and Gail Movrich (collectively, the Movriches), after a court trial, regarding the Movriches’ right to install a dock and to access the Sailor Creek

Flowage from their shoreline property. The Lobermeiers argue that the trial court erred in concluding the public trust doctrine allows the Movriches to install a dock extending from their property into the Sailor Creek Flowage and resting on the waterbed, and to access the Sailor Creek Flowage directly from their property. To the contrary, the Lobermeiers argue, because they own the bed of the Sailor Creek Flowage abutting the Movriches’ waterfront property, they may prohibit the Movriches from taking such actions. The Lobermeiers also request that we withdraw the trial court’s order restraining and prohibiting them from coming upon the Movriches’ property, as well as that we reverse the trial court’s judgment that costs and fees be taxed against them and instead find that such costs and fees should be taxed against the Movriches. For the following reasons, we agree with the trial court and affirm.

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.