Public Trust Doctrine

Listen to this article

WI Court of Appeals – District III

Case Name: Jeffrey Meessmann v. Town of Presque Isle [Recommended for Publication]

Case No.: 2022AP000720

Officials: Stark, P.J.

Focus: Public Trust Doctrine

This mandamus action compels the Town of Presque Isle, Wisconsin (the Town), to act on a petition filed under WIS. STAT. § 9.20 (2021-22), the direct legislation statute. The petitioners-appellants in this case are adult residents and electors of the Town.

In 2021, the Residents brought to the Town Board their concerns that hazardous boat wakes created on the Town’s waterways were interfering with their rights under the Public Trust doctrine.  However, after investigation and consideration of a proposed boating ordinance, the Board took no action.

The circuit court properly denied the Residents’ petition for a writ of mandamus. This case does not concern the validity of the proposed ordinance; instead, the question is whether WIS. STAT. § 9.20 places a positive and plain duty on the Town to take action on the Residents’ petition. Given the plain language of the relevant statutes, the appeals court concludes that § 9.20 does not assign such a duty, as that statute is not applicable to towns.

Affirmed.

Decided 06/20/23

Full Text