Constitutional law — takings, riparian rights

Posted March 9, 2023 10:58 AM

Where plaintiff lacked riparian right to maintenance of river’s water level at high-water mark, state agency did not commit a taking.The 7th U.S. Circuit Court of Appeals affirmed a decision by Judge J.P. Stadtmueller, Eastern District of Wisconsin.In 1937, Milwaukee County obtained a permit to build a dam on the Milwaukee River, a navigable waterway, at a location near the northern border of Estabrook Park. The purpose of the dam was to promote flood control, maintain normal water levels and provide recreational …

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