State Department of Fish & Wildlife v. Kortge

Plaintiff brought this action for a declaratory judgment to establish that it could use a parcel of real property it had purchased “for recreation by the general public so long as that use does not unreasonably interfere with defendants’ rights” and an injunction prohibiting defendants from posting and enforcing “No Trespassing” signs. Defendants, whose predecessors in title originally conveyed the property to plaintiffs predecessor in title, claimed that, under a reservation in the original conveyance, defendants retained the right to exclude the general public. They also alleged as an…