Rock-Koshkonong Lake District v. State Department of Natural Resources

¶ 153. (dissenting). This case presents a question that the majority can — indeed does — answer by interpreting Wis. Stat. § 31.02(1) (2009-10). Yet the majority unnecessarily reaches out to the constitutional principle of the public trust doctrine from the Wisconsin Constitution, constricting the doctrine and misreading this court's precedent, especially the well-settled law articulated in Just v. Marinette County, 56 Wis. 2d 7, 201 N.W.2d 761 (1972). Wisconsin's long and robust history of protecting the public trust is widely acknowledged and respected. The public trust doctrine imposes on…