Supreme Court hears oral arguments on boat slips.

• Date: 08 May 2002

Byline: David Ziemer

Does the public trust doctrine prohibit the creation of "dockominiums" - condominium-style ownership of boat slips? That was the issue considered by the Wisconsin Supreme Court at oral arguments on April 30.

At play in deciding the case are a host of subissues, including: whether public access to navigable waters is within the jurisdiction of the Department of Natural Resources; whether the creation of a dockominium is a type of easement; and how a dockominium would be treated under the Takings Clause.

Marina to Dockominium

In 1994, ABKA Limited Partnership was the owner of the Abbey at Fontana at Lake Geneva. The Abbey Harbor was created by dredging in 1962, when the Public Service Commission issued a permit for the dredging and construction of 200 boat slips.

By 1994, the number of authorized slips had grown to 407, which were rented to boat owners on an annual basis with options to renew. At that time, ABKA decided to convert the marina to a condominium form of ownership.

The conversion did not change the number, size or configuration of any structure in the marina, but only changed the ownership style. The DNR reviewed the proposal, and insisted on some changes, which were made. In 1995, the DNR approved the proposal.

Under the revised proposal, each unit is separately owned property held in fee simple title. A unit is defined as a cubicle of space in a lock-box within a building at the marina. Each unit/lock-box has a number which corresponds to an existing boat slip at the marina, and the unit owner has the right to use the space between the piers corresponding to the unit's number.

In addition to independent ownership of a unit, the unit owners own, as...