Sarter Marine Towing Co. has asked a court to dismiss a Wisconsin lawsuit seeking removal of the tugboat Donny S. from Baileys Harbor, denying the state’s allegation that it owns the vessel, according to FOX 11 News.
The company filed its response Oct. 14 in a case brought by the state and Wisconsin Department of Natural Resources. Other defendants include Jeremy Schultz, identified in the lawsuit as the tug’s owner; Michael Cole; and Iron Works Construction, where the vessel was initially moored.
As WorkBoat reported in September, the complaint, filed in Door County Circuit Court, asks the court to declare the grounded tug a public nuisance and order its removal. If the defendants fail to remove it, the state is seeking authorization for the DNR to undertake the work at their expense.
Sarter Marine denied knowledge of DNR violations and previous efforts to have the tug removed, FOX 11 reported. The company also disputed the allegation that the defendants failed to remove the vessel despite years of notice. Its response argues that any alleged damages resulted wholly or partly from third parties outside its control.
Sarter Marine denied knowledge of DNR violations and previous efforts to have the tug removed, FOX 11 reported. The company also disputed the allegation that the defendants failed to remove the vessel despite years of notice. Its response argues 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 states that Sarter Marine contacted the Coast Guard in March 2021 about towing the disabled vessel from Sturgeon Bay, Wis., to Baileys Harbor. 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. 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 allegedly broke free from its mooring and grounded about 580' from shore in approximately 4' of water.
The state alleges that Schultz failed to move the tug despite repeated DNR requests. The agency began issuing citations for unlawful obstruction of navigable waters in October 2022. According to the complaint, at least 33 citations were issued through February 2024, totaling more than $20,000.
The complaint also identifies 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 does not establish that those materials are currently 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 this year seeking action on the vessel, with county officials calling for inspections to evaluate hazardous materials and structural and environmental risks.
Schultz, Cole and Iron Works Construction had not responded to the lawsuit as of FOX 11’s Oct. 15 report. No hearings were scheduled.
