DeGayner & Co. v. Department of Natural Resources

This is an appeal from a judgment of the circuit court which sustained the order of the Department of Natural Resources (DNR) which held that Five Mile Creek, a tributary of the Namekagon river in Bay-field county, was navigable in fact. We affirm.

The record indicates that DeGayner & Company, Inc., was the sole riparian owner of Five Mile Creek. We are concerned with the navigability of that portion which runs from new county trunk M to the confluence of Five Mile Creek with the Namekagon river. That straight-line distance is approximately one mile. These proceedings were initiated on…