A declaratory hearing involving the Department of Natural Resources and litigants locked in the impasse over two parcels on Sturgeon Bay’s west side waterfront is set for Wednesday, September 6th, from 3 to 7PM, in the Jane Greene Room at the Door County Library in Sturgeon Bay. Out of that meeting, the state agency is expected to make a determination as to where the ordinary high water mark should be located. The ordinary high water mark essentially sets the boundary between what is considered public and what is considered private land. When a friends group sued the city and its Waterfront Redevelopment Authority, it contended that, because a portion of the land had been filled in over the years, it was public property, based on the state constitution’s public trust doctrine, and could not be sold to a developer. The judge who heard the case ruled that the land could not be sold until the ordinary high water mark was determined. Shortly after the decision, the friends group petitioned the DNR for a declaratory hearing and the particulars of the session were agreed upon by all of the parties. According to a notice issued by the DNR , the presiding officer will consider information and evidence concerning the location of the ordinary high mark and could allow clarifying questions, but no cross examination. The order in which people speak and the allowed time per person could also be dictated by the presiding officer.
