Legal Opinion

ABKA Ltd. Partnership v. Wisconsin Department of Natural Resources

Wisconsin Supreme Court

Decided July 16, 2002No. 99-2306PublishedCited by 18 opinions

1Opinion of the CourtAnn Walsh Bradley, J.

¶ 1. This case comes before us upon three petitions for review of a court of appeals decision reversing the circuit court order that affirmed an administrative law judge (ALJ) decision allowing ABKA Limited Partnership to proceed with a "dockominium" project.1 The court of appeals concluded that the conversion of a marina to a dockominium form of ownership as proposed by ABKA and the Abbey Harbor Condominium Association violates the public trust doctrine because it transfers ownership of public waters to private individuals.

¶ 2. We agree with the court of appeals that the ALJ erred and that…

2Cases cited17 opinions

  1. UFE Inc. v. Labor & Industry Review CommissionWisconsin Supreme Court · 1996
  2. Muench v. Public Service CommissionWisconsin Supreme Court · 1952
  3. Boynton Cab Co. v. Department of Industry, Labor & Human RelationsWisconsin Supreme Court · 1980
  4. Gillen v. City of NeenahWisconsin Supreme Court · 1998
  5. Sterlingworth Condominium Ass'n v. State, Department of Natural ResourcesCourt of Appeals of Wisconsin · 1996

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3Cited by18 opinions

  1. Tetra Tech EC, Inc. v. Wisconsin Department of RevenueWisconsin Supreme Court · 2018
  2. Lake Beulah Management District v. StateWisconsin Supreme Court · 2011
  3. Konneker v. RomanoWisconsin Supreme Court · 2010
  4. White v. EarlyCourt of Appeals of Tennessee · 2006
  5. Rock-Koshkonong Lake District v. State Department of Natural ResourcesWisconsin Supreme Court · 2013

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