State v. Deetz

The principal question presented on this appeal is whether this jurisdiction should adhere to the “common enemy” doctrine in respect to surface waters, or abandon it in favor of the “reasonable use” doctrine, as numerous other jurisdictions have done. Other subsidiary issues are raised on this appeal.

This action was brought by the state of Wisconsin against James E. and Patricia J. Deetz, the Wildwood Bluffs Estates Association, Inc., and the town of Dekorra, for the purpose of enjoining those defendants from permitting the deposit of materials in Lake Wisconsin and on adjacent roads, and…