AT&T wants to build 60-foot tall cell tower in Veterans Park on Milwaukee’s lakefront. See
http://www.jsonline.com/news/milwaukee/130209263.html. For you Wisconsin public interest lawyers out there, get our your notes on the Public Trust Doctrine (PTD). As far as I know, the old Pieces of Eight restaurant was the only private fixture of the lakefront, and even they had to let you eat your bag lunch on their patio (which they hated), due to the PTD. (For non-lawyers the PTD, see
http://dnr.wi.gov/org/water/wm/dsfm/shore/doctrine.htm.) My first question is whether Veterans Park is filled in lakebed. See Illinois Central RR v. IL. If so, how is a private cell tower in the public interest a la a museum or park? If I was back in Milwaukee, I would be all over this; but given the changes in Wisconsin state government, I’m not sure the WDNR would block this.
September 20, 2011
Cell Towers, the Milwaukee Lakefront and the Public Trust Doctrine
Posted by Jason J. Czarnezki under Uncategorized1 Comment
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October 23, 2011 at 10:46 PM
yes, Veterans’ Park is filled-in lake bed. Circa 1971, it was filled by the demolition for the Park Freeway Spur, which included the razing of the old Third Ward, and the Highway 145 corridor which fundamentally parallels Fon Du Lac Ave. It was partially known as McKinley Park, and partially Juneau Park. The Juneau Park Lagoon, and most of the land to the base of the bluff (e.g. Lincoln Memorial Drive, etc. – – to near the current bike trail, which _had_ been Chicago NorthWestern Railroad track) was all created by landfill circa 1910, – – about the time that the old Coast Guard Station was build across from the Milwaukee Yacht Club.