JUST V. MARINETTE COUNTY
201 N.W.2d 761 (1972)
NATURE OF THE CASE: Just (P) appealed a dismissal from a violation of an ordinance they
violated by filling marsh land without a use permit. The lower court dismissed the action
commenced by P to declare the ordinance a taking deserving just compensation.
FACTS: Marinette county's (D) shoreland zoning ordinance number 24 was adopted September
19, 1967. The public purpose sought to be obtained by the ordinance was to protect navigable
waters and the public rights therein from the degradation and deterioration which results
from uncontrolled use and development of shorelands. Just (P) owned land designated as
wetlands with swamps and marshes included. They purchased the land several years prior to
the passage of this ordinance. Six months after the ordinance became effective, P, without
securing a conditional use permit, hauled 1,040 square yards of sand onto this property and
filled an area approximately 20 feet wide commencing at the southwest corner and extending
almost 600 feet north to the northwest corner near the shoreline, then easterly along the
shoreline almost to the lot line. The trial court correctly found a violation of the
ordinance. Ps were required to obtain a conditional use permit from the zoning administrator
of the county and pay a fee of $20 or incur a forfeiture of $10 to $200 for each day of
violation.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
Get
free access to the entire content for Mac, PC or Online
for 2-3 days and free samples
of all kinds of products.
for 2-3 days and free samples of all kinds of products.
https://bsmsphd.com
© 2007-2016 Abn Study Partner
No comments:
Post a Comment