Published: January 30, 2012
Author: Peter Conrad

Issue: Who decides which method to use to determine riparian rights

Manlick and Loppnow own adjacent property on Pewaukee Lake. After some “back and forth” between the two property owners, Loppnow placed his pier and shore station immediately next to Manlick’s pier in a location that would prevent Manlick from using one side of his pier.

After Loppnow sent Manlick a letter explaining the basis for the pier location, Manlick filed suit. Whether Loppnow had a right to place his pier in that location depended on the method to determine each party’s riparian zone - coterminous v. parallel.

The trial court ruled as a matter of law, that the coterminous method was correct. Using this method, the location of the Loppnow’s pier would fall within his riparian zone. However, Manlick wanted the issue of which method to use to be determined by the jury. The circuit court held that the issue of determining the riparian area was either an equitable issue or a matter of law for the court to decide.

The court of appeals agreed with the trial court and held that the method to determine a riparian is to be determined by the court.

For more information on riparian zones in Wisconsin, contact Peter Conrad at 608.260.2483 or pconrad@axley.com.

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