DCPREZ-0000-04596 - Laserfiche WebLink

Home Browse Search

31] AUGUST TERM, 1972. 9 Just v.Marinette County,56 Wis.2d 7. In N Case No. 107 tort'Case No. 7, Marinette county sought a manda restrain the Justs from placing fill material on their property without first obtaining a conditional use permit as required by the ordinance and also a forfeiture for their violation of the ordinance in having placed fill on their lands without a permit. T he trial court held the ordinance was valid, the Justs' pr e erty was "wetlands," the Justs had violated the ordinance and they were subject to a forfeiture of $100. From the judgments, the Justs a On this appeal appeal. ppeal the state of Wisconsin has intervened i as aparty-respondent pursuant to sec. 274.12 (6), f because of the issue of constitutionality. Stats., + siders the appeal Y• The state con- r ppeal to be a challenge to the underlying ■ 59.971 and 144.26, and a challenge to the state's coer secs. hensive 1 program to protect navigable waters through shoreland regulation. For the a i appellants there was a brief by Evrard, Evrard, i Duffy, Holman, Faulds and Peterson and Wayne R. �: Peterson, all of Green Bay, r R.Peterson. Y, and oral argument by Wayne For the respondent there was a brief by James E. Murphy, corporation counsel. For the State (intervening 4 1 Stats.) the cause was argued pursuant to sec. 274.12 (6), , Y Steven M. ', sistant attorney , Schur, as_ Y general with whom on the brief was Robert W. Warren, attorney general. A brief amicus curiae was filed by McBurne & Whipple, S.C., and Carlyle H. Y y, Musolf y Whipple, all of Madison. t HALLOWS _ C. J. Marinette county's shoreland zoning ordinance number 24 9' became effective October 9, September 19, 1967, ordinance , and follows a model t published by the Wisconsin Department of y Resource Development in July of 1967. See Kusler W ter Quality Protection For Inland Lakes in Wisconsin: A Comprehensive ,q ! "1 Approach to Water Pollution, n 1970 i t ' '.4 :1 a ;' m