Munninghoff v. Wisconsin Conservation Commission

First of all, the court has determined that jurisdiction under ch. 227, Stats., is proper.

It is admitted that the lands upon which Munninghoff desires to operate a muskrat farm are his own lands, and are located under the navigable waters of the Wisconsin river. These waters became navigable by the erection by the Rhine-lander Paper Company of a dam in the year 1906, which dam flooded the land in question and it has been flooded since that time.

The issues in this case are whether the Conservation Commission, pursuant to sec. 29.575, Stats., xan license privately owned lands lying under…