The state has filed a civil lawsuit against the owner of the abandoned tugboat M/V Donny S. which has been moored near Baileys Harbor for about five years. Sept. 4, 2026. PC: Fox 11 Online
BAILEYS HARBOR, WI (WTAQ-WLUK) – One of the defendants in a lawsuit filed by the state in an effort to remove an abandoned tugboat near Baileys Harbor says it’s not responsible for the M/V Donny S.
Jeremy Schultz, the owner of the M/V Donny S., and Michael Cole, owner of the company where the boat was stored, were sued by the state and DNR. Sarter Marine, also listed as an owner of the tug, is also named as a defendant.
Sarter Marine filed its response to the suit Wednesday.
In such suits, the defendants reply on a paragraph-by-paragraph basis. For the first mention of Sarter, this is the exchange:
9. Defendant Sarter Marine Towing Company, Inc., which has an address of 4143 Cherry Road, Sturgeon Bay, WI 54235, is a Wisconsin-based marine towing corporation. Plaintiff brings this action against Defendant Sarter Marine as an owner of the tugboat Donny S., the public nuisance described herein.
ANSWER: Answering paragraph 9, Sarter Marine denies the allegations contained therein.
Sarter goes on to say it had no knowledge of the DNR violations or other actions to try to have the boat removed. It also denied the allegation that “Despite four years’ time and ample notice, Defendants have failed to remove the Donny S. and remedy its existence as a public nuisance.”
As a defense, Sarter states: “The Plaintiff and Involuntary Plaintiff’s alleged damages, if any, were caused in whole or in part by actions of a third-party or parties over whom Defendants had no control or with whom Defendants had no legal relationship.”
Sarter asks for the case to be dismissed.
Schultz, Cole and Iron Works Construction have yet to reply to the lawsuit.
No hearings are currently scheduled.
According to the suit, Schultz acquired the tugboat in 2021, and it was towed to Baileys Harbor. It was moored at Cole’s company, Defendant Iron Works.
“Sometime between November of 2021 and May of 2022, the Donny S. broke free from its mooring, drifted westwards, and ultimately ran aground on the lakebed of Baileys Harbor approximately 580 feet from the shoreline, in what was at that time approximately four feet of water,” the suit states.
The DNR repeatedly contacted Schultz to have him move the boat, but he didn’t. The state then issued a series of citations for “unlawful obstruction of navigable waters.” More than 30 fines of $767.50 were issued, with the suit stating they totaled more than $20,000.
The DNR has raised “environmental concerns related to the Donny S., including asbestos-coated piping, remnant onboard fuels and greases, lead- or cadmium-based paints, polychlorinated biphenyls (PCBs), and tributyltin-based anti-fouling agents that are “extremely toxic to aquatic organisms.”,” the suit states.
Both the town of Baileys Harbor and Door County passed resolutions earlier this year, calling for action for the tug to be removed.
The Donny S was built in 1949. It’s 135 long, 33 feet wide, and has a 17-foot depth.
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