Draper MacHine Works, Inc. v. Department of Natural Resources

The issues in this case concern the Department of Natural Resources' statutory authority to collect rent for use of state-owned waterways and Draper Machine Works' right to maintain a marina in such a waterway. The trial court concluded the Department of Natural Resources (DNR) has no authority to enter into rental agreements for use of waterways and therefore declared void a lease of waterway between Draper Machine Works (respondent) and DNR. It further held that respondent has an equitable right to occupy the waterway and therefore entered a summary judgment order to that effect in favor of…