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Realtors association ‘disappointed’ by Supreme Court zoning decision
The Wisconsin REALTORS Association said it's "disappointed" by a recent Wisconsin Supreme Court decision preventing a northern Wisconsin resident from subdividing his shoreland property.
Shoreland ordinance not zoning ordinance, Supreme Court majority rules
The Wisconsin Supreme Court analyzed what defines a zoning ordinance in an opinion released on Wednesday. The majority of the justices ruled that a northern Wisconsin town’s shoreland property ordinance was not a zoning ordinance because it didn’t restrict how land was being used. It only defined how wide shoreland property needs to be. The case at […]
Lawyer: AG opinion on shorelands missing key statutes that reversed court decision
Last week, Attorney General Brad Schimel released a legal opinion involving a county’s authority to zone shorelands within a town.
Municipalities — shoreland zoning
2011AP1471, 2011AP1472 Walworth Homes LLC v. Walworth County, et al.
Property — shoreland zoning — area variances
2011AP1297 Hamilton Living Trust v. Walworth County Board of Adjustment
2010AP84 Oneida County v. Collins Outdoor Advertising, Inc.
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 […]
2009AP3201 State v. City of Oconomowoc Zoning Board of Appeals
Property Shoreland zoning; unnecessary hardship The State of Wisconsin appeals from a circuit court order affirming a decision of the City of Oconomowoc Zoning Board of Appeals granting area variances to Tony Pipito, Inc. to establish the Club Porticello Restaurant on property on the shore of Silver Lake. We agree with the circuit court that […]
2009AP3056 Wilderness Waters & Woods Preserve LLC v. Oneida County Board of Adjustment
Property Shoreland zoning; preexisting uses; discontinuance Wilderness Waters & Woods Preserve, LLC, owns a resort that does not conform to applicable zoning regulations but continues as a legal preexisting use. An Oneida County zoning ordinance terminates any legal preexisting use that has been discontinued for twelve consecutive months. The Oneida County Board of Adjustment concluded [&helli[...]
2008AP2728 Murr v. St. Croix County Board of Adjustment
Property Shoreland zoning Where a shoreland property owner could protect her cabin from flooding in its existing footprint, the Board of Adjustment properly denied a special exception permit to rebuild on higher ground. “As the Board emphasizes, the record shows Murr could have floodproofed her current home in its existing footprint. In fact, the Board […]
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