George L. Gisler and Georgia H. Gisler V‪.‬

Appellants and respondents own residences at Lake Winnebago, a suburban real estate development. In this suit they present a contest over the rights of respondents, whose property is some distance from the lakeshore, to locate a boat dock on land which separates appellants' lot from the water. The judgment denied both contestants exclusive shoreline rights but tacitly approved the right of respondents to moor their boat dock opposite appellants' property. From this result, appellants prosecute their appeal. Affirmed. In the main, the facts of the case are not in dispute. The plat of the Lake Winnebago subdivision delineates first tier and second tier lots. Although first tier lots are described as ""lake front lots"", the lakeside property boundaries of these lots do not abut the water. They are separated from the shoreline by a strip of land in varying widths determined by the 915 foot contour elevation on the one side and the lot line on the other. The strip is at some points as much as fifty feet in width and at other points, it narrows to a few feet. Second tier lots front upon one of the dedicated streets in the subdivision and provide the lot owner access to the lake only by crossing the street and traversing an easement pathway along the side property line of the first tier lot.