Initial Victory - Estabrook Dam

May 24, 2012

Sharks Teeth 2

On Thursday, May 24th, Milwaukee Riverkeeper prevailed on its motion for summary judgment against Milwaukee County for its failure to maintain the Estabrook Dam in good repair and condition, as required by Wisconsin law and the Public Trust Doctrine. 

The Milwaukee County Circuit Court found that the Estabrook Dam is a public nuisance that must be abated, and further ordered the County to submit a proposal to abate the nuisance to Milwaukee Riverkeeper and the Court within the next 30 days.  

The Court’s ruling firmly establishes that citizens may sue to enforce public trust violations, irrespective of any action or inaction of the Department of Natural Resources.  Moreover, the ruling sets the stage for Milwaukee Riverkeeper to achieve its ultimate goal – removal of the Estabrook Dam!

We will keep you posted on Milwaukee County's proposal and our next steps to bring down the dam.

For now check out the news report about the Judge's ruling the Milwaukee Journal Sentinel.

And, listen to the Lake Effect story from Milwaukee Public Radio, featuring yours truly, Milwaukee Riverkeeper.