News & Analysis as of

Riparian Rights Appeals

Mitchell, Williams, Selig, Gates & Woodyard,...

Riparian Rights/Water Treatment Project: New York Appellate Court Addresses Golf Course's Diminished Flow Claim

The New York Supreme Court (Appellate Division) (“Appellate Court”) addressed in an August 11th Memorandum and Order (“Memorandum”) an issue involving a judicial action alleging diminished flow of water between two...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Dam Removal/Riparian Rights: Federal Appellate Court Addresses Taking Claim

The United States Court of Appeals for the Seventh Circuit (Seventh Circuit) addressed in a February 13th Opinion an issue arising out of the removal of a dam that significantly reduced the river water level, adversely...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Riparian Rights/Non-Navigable Water: Illinois Appellate Court Addresses Access Issue

The Appellate Court of Illinois, Third District (“Court”) addressed in a June 28th Opinion certain riparian rights associated with a non-navigable waterbody. See Holm v. Kodat, 2021 IL App. (3d) 200164. The case involved...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Riparian Zone/Navigable Waterway: Wisconsin Appellate Court Addresses Conflict Regarding Pier/Wet Boathouse

The Court of Appeals of Wisconsin (“Court”) addressed in a November 26th opinion a dispute regarding the ownership of a pier and a wet boathouse. See DeSombre v. Bolderbuck, WL 6314826. The wet boathouse is described as...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Subdivision Owned Lake: Missouri Supreme Court Addresses Riparian Rights of Adjacent Landowner

The Supreme Court of Missouri addressed in an April 30th opinion a riparian rights issue associated with an artificial body of water. See Incline Village Board of Trustees v. Elder, 2019 WL 1912218. The question considered...more

Whitman Legal Solutions, LLC

Water Music and Water Rights

What Real Estate Do You Own? Normally, property owners know what land they own. They have a deed with a legal description and a survey which clearly shows their property line....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Dock Access: Michigan Appellate Court Addresses Non-Riparian Lot Owner Issue

The Michigan Court of Appeals addressed in a January 16th opinion an action in which the Plaintiff sought to limit the rights of non-riparian lot owners to maintain a dock at the end of a dedicated private road abutting a...more

Bennett Jones LLP

SCC Denial of Leave Allows First Nations to Pursue Claims Prior to Proving Aboriginal Title

Bennett Jones LLP on

The Supreme Court of Canada recently denied applications for leave to appeal in Saik’uz First Nation and Stellat’en First Nation v Rio Tinto Alcan Inc., 2015 BCCA 154 (Saik’uz), and Iron Ore Company of Canada. v Uashaunnuat,...more

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