Overview of the Easement Dispute

This October 25, 2018 letter from the Wisconsin Department of Natural Resources outlines a direct conflict with the City of Superior over a conservation easement. The letter, signed by DNR attorney Richard Henneger, targets City Attorney Frog Prell and alleges clear violations tied to development on protected land.

The dispute centers on Barker’s Island, where a 1989 limited development easement restricted construction and land alteration. The easement aimed to preserve fish and wildlife habitat. The City accepted these terms when it conveyed the land to the DNR.

Alleged Violations and Development Activity

Henneger states that structures now sit within the easement area. These include a home and related improvements constructed after the property transferred to private owners. The easement explicitly prohibits such construction without prior written approval.

The letter notes that the November 17, 1992 deed transferring the property failed to reference the DNR easement. This omission raises questions about oversight or intent. The DNR asserts that the easement remains valid despite the missing reference.

According to the DNR, multiple improvements violate the easement terms. These include building structures and altering the land in ways that contradict conservation goals. The agency indicates that these actions directly breach the original agreement.

Pressure for Resolution

Henneger calls for immediate attention to the violations. He suggests a conference involving city officials and DNR representatives. The goal is to determine how to resolve what the agency describes as “unintentional” violations.

The tone remains measured but firm. The DNR signals that the issue carries legal weight and demands corrective action. The letter invites the City to propose next steps, placing responsibility back on local leadership.

Broader Context and Implications

Supporting documents in this file show the original 1989 easement (pages 2–4) and subsequent property transfers (pages 6–9). These records confirm that the land carried restrictions tied to habitat protection. Aerial images (pages 10–11) visually document development along the shoreline, reinforcing the DNR’s claims.

This case highlights a breakdown in recordkeeping and enforcement. A conservation easement existed, yet development proceeded. Whether through neglect or convenience, the safeguards failed. The result places public environmental protections at risk and raises accountability concerns for both state and local officials.

Wisconsin Department of Natural Resources – https://dnr.wisconsin.gov

Douglas County Register of Deeds – https://www.douglascountywi.org/

City of Superior – https://www.superiorwi.gov/

Wisconsin State Legislature – https://legis.wisconsin.gov/

Wisconsin State Natural Areas Program – https://dnr.wisconsin.gov/topic/lands/naturalareas

DNR.10.25.2018

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