2010AP84 Oneida County v. Collins Outdoor Advertising, Inc.

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Property
Shoreland zoning

A property owner could properly rely on a county’s zoning map to identify the ordinary high water mark of a lake and determine that a proposed sign was outside the county’s zone of shoreland authority.

“While the County attempts to shift the inquiry to measurements of the 1,000 foot line, the proper focus rests on identification of the ordinary high water mark.  We reject the notion that a property owner is properly tasked with measuring 1,000 feet from nowhere.  When Collins’ sign was erected, the County
identified the ordinary high water mark as being at or near the lake’s established shoreline. Consequently, if Collins’ sign was more than 1,000 feet from the shoreline, it was beyond the County’s shoreline zoning jurisdiction.”

Reversed and Remanded.

Recommended for publication in the official reports.

2010AP84 Oneida County v. Collins Outdoor Advertising, Inc.

Dist. III, Oneida County, Mangerson, J., Hoover, J.

Attorneys:    For Petitioner: Brian J. Desmond, Rhinelander; For Respondents: Timm P. Speerschneider, Chad R. Gendreau, Reno J. Simonini, Madison.