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Court asked to dismiss lawsuit regarding removal of grounded tug
The Sarter Marine Towing Company has asked a court to dismiss a Wisconsin lawsuit, which was seeking removal of the 'Donny S' from Baileys Harbor, denying the state’s allegation that it owned the tug. The company filed its response on Oct. 14 in a case brought by the state and Wisconsin Department of Natural Resources. Other defendants included Jeremy Schultz, identified in the lawsuit as the tug’s owner; Michael Cole; and Iron Works Construction, where the vessel was initially moored. The complaint, filed at the Door County Circuit Court, asked the court to declare the grounded ship a public nuisance and order its removal. If the defendants failed to remove it, the state was seeking authorisation for the DNR to undertake the work at their expense. The Sarter Marine denied knowledge of DNR violations and previous efforts to have the tug removed, and also disputed the allegation, that the defendants failed to remove the vessel despite years of notice. Its response argued that any alleged damages resulted wholly or partly from third parties outside its control. According to the complaint, Schultz acquired the steel tug in 2021, after it had been permanently laid up. A previous survey described the vessel as being in unsatisfactory condition, because hull repairs had not been completed, with its remaining value largely tied to scrap, deck equipment and fittings. The complaint stated that the Sarter Marine contacted the Coast Guard in March 2021 about towing the vessel from Sturgeon Bay, Wisconsin, to Baileys Harbor. The Coast Guard had approved the tow the following month under specified weather conditions. The tug was subsequently brought to a dock associated with Cole and Iron Works Construction. Possible plans cited in the complaint included taking the vessel to a scrapyard or converting it into a floating restaurant and kayak-rental operation. Between November 2021 and May 2022, the vessel broke free from its mooring and ran aground about 580 feet fromthe shore in approximately four feet of water. The state alleged that Schultz failed to move the tug despite repeated DNR requests. The agency began issuing citations for unlawful obstruction of navigable waters in Oct 2022. According to the complaint, at least 33 citations were issued through Feb 2024, totaling more than $20,000. The complaint also identified potential environmental hazards aboard the vessel, including residual fuel and grease, asbestos-coated piping, lead- or cadmium-based paint, polychlorinated biphenyls and tributyltin-based antifouling agents. It did not establish that those materials were leaking from the tug. The DNR began holding stakeholder meetings in 2025 to discuss a solution. The town of Baileys Harbor and Door County passed resolutions, seeking action on the vessel, with county officials calling for inspections to evaluate hazardous materials and structural and environmental risks. The Schultz, Cole and Iron Works Construction had not responded to the lawsuit as of Oct 15. No hearings were scheduled.
Civil lawsuit seeking removal of grounded tug
The state of Wisconsin has filed a civil lawsuit seeking the removal of the 'Donny S.', which has remained aground in Baileys Harbor on Lake Michigan for roughly four years. The complaint, filed in Door County Circuit Court, named Jeremy Schultz, Michael Cole, Iron Works Construction LLC and Sarter Marine Towing Co. as defendants, along with unidentified insurers. The state asked the court to declare the vessel a public nuisance and order its removal. If the defendants do not remove it, the state is seeking authorization for the Wisconsin Department of Natural Resources (DNR) to do so at their expense. According to the complaint, Schultz acquired the tug in 2021 after it had been permanently laid up. A previous survey had described the vessel as being in unsatisfactory condition because hull repairs had not been completed, with its remaining value largely tied to scrap, deck equipment and fittings. Sarter Marine contacted the Coast Guard in March 2021 regarding plans to tow the disabled vessel from Sturgeon Bay to Baileys Harbor, according to the complaint. The Coast Guard approved the tow the following month under specified weather conditions.The tug was subsequently brought to a dock associated with Cole and Iron Works Construction in Baileys Harbor. Plans for the vessel changed over time, according to the state, with possible destinations including scrapyards in Manitowoc, Wisonsin, or Escanaba, Michigan. Later correspondence cited in the complaint also referenced the possibility of converting the vessel into a floating restaurant and kayak-rental operation. Sometime between November 2021 and May 2022, the 'Donny S.' broke free from its mooring and drifted west before grounding approximately 580' from shore in what was then about 4' of water. The DNR subsequently sought to have the vessel removed and began issuing Schultz citations for unlawful obstruction of navigable waters in October 2022. At least 33 citations were issued through February 2024, totaling more than $20,000. The state also cited potential environmental concerns associated with the aging vessel, including asbestos-coated piping, residual fuels and greases, lead- or cadmium-based paints, PCBs and tributyltin-based antifouling compounds. The complaint did not establish that those materials are currently leaking from the vessel. Questions about the tug’s condition and environmental risk have persisted locally. Door County officials in 2026 approved a resolution urging state authorities to inspect the vessel for hazardous materials, evaluate its structural and environmental risks and take steps toward its removal. The DNR also began holding stakeholder meetings in 2025 as officials sought a solution for the vessel. The Town of Baileys Harbor has said the lakebed is outside its jurisdiction and has directed questions about removal to the DNR.
Abandoned tug did not meet removal deadline
The 'Donny S', which was supposed to be removed on Dec. 4, 2022, from the waters near Baileys Harbor Yacht Club, where it has been moored for over a year, remains in its position. The Department of Natural Resources (DNR) gave the owner a series of deadlines. None of those were met, so the DNR issued citations for obstruction of navigable waterways to push the issue. As the ship has no engine, it will have to be towed with the U.S. Coast Guard having to issue a towing plan, do an inspection to determine possible environmental hazards and have five licensed people on board. The vessel is a federally-documented ship, so the Coast Guard — not the state of Wisconsin — deals with its registration. The tug changed ownership several times. It was speculated that the owner abandoned the ship after learning the process of disassembling it for scrap steel would be more involved than anticipated. Report with photos: https://doorcountypulse.com/removal-of-abandoned-tugboat-stalled/
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