Mesenbrink v. Hosterman

EISMANN, Chief Justice.

This is an appeal from a judgment determining the portion of lakeshore owned by a littoral landowner on a nonnavigable lake. Because the parties and the district court applied the law applicable to navigable lakes, we vacate the judgment and remand this ease for further proceedings consistent with the law applicable to nonnavigable lakes as set forth in this opinion. We decline to award the respondents attorney fees on appeal.

I. FACTS AND PROCEDURAL HISTORY

Herman Lake is a 30-acre, nonnavigable lake that is oblong in shape and runs generally on a northeast-southwest…