County District Judge James Broberg heard arguments on the contentious Lake Chapeau dam issue Wednesday.

The settlement talk between the Lake Chapeau Habitat Committee and the Department of Natural Resources to replace the dam, built by the committee without a permit, stalled when the committee failed to obtain an easement from George Dress, the landowner of the dam site.

Now the committee wants to add Dress and his trust as defendants to the case.

The committee sought to have the county condemn the Dress property, allowing them to get an easement from the county. But, the board decided not to take any action before the court’s ruling on the case.

Dress’s lawyer, Dan Rosen, pointed out that the case between the committee and DNR is either settled or not settled but is nothing to be tried. &uot;Joinder of the case which is essentially over is a little bit, I would say, nonsense,&uot; he said.

Rosen also said Dress would not disagree with the condemnation as a way to establish the easement.

John Kolb, an attorney for Scott Hanna, a lakeshore resident who joined the suit opposing the dam, remarked that Hanna is not bound to the agreement and should have the right to be covered for any damage the dam would inflict on his property by creating a higher water level.