Property – Riparian Rights – Piers

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WI Court of Appeals – District III

Case Name: Michael G. DeSombre, et al. v. James I. Boldebuck, et al.

Case No.: 2018AP2227

Officials: Stark, P.J., Hruz and Seidl, JJ.

Focus: Property – Riparian Rights – Piers

This case concerns a dispute regarding the ownership of a pier and a “wet boathouse”—that is, a boathouse constructed beyond the ordinary high water mark (OHWM) of a navigable waterway. Michael and Jiyoung DeSombre sued their neighbors, James and Charity Boldebuck, seeking a declaration that the DeSombres own a permanent pier and wet boathouse extending into Otter Lake in Vilas County, as well as a declaration that the pier and wet boathouse do not interfere with the Boldebucks’ riparian rights. The circuit court granted summary judgment in favor of the DeSombres on both of their claims.

We conclude the circuit court erred by granting the DeSombres summary judgment because they failed to make a prima facie showing that the pier and wet boathouse are not located at least partially within the Boldebucks’ riparian zone. At the very least, there are disputed issues of material fact regarding the location of the pier and wet boathouse in relation to the parties’ respective riparian zones. We therefore reverse the court’s grant of summary judgment in favor of the DeSombres and remand for further proceedings on their claims.

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.