Just v. Marinette County

201 N.W.2d 761 (1972)

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Nature of the Case

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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.