Wisconsin Supreme Court

Just and Wife, Appellants v. Marinette County, Respondent: State, Impleaded Respondent. [Case No. 106.]; Marinette…

October 31, 197256 Wis. 2d 7

Summary

The court upheld Marinette County's shoreland zoning ordinance against the Justs' claim that its wetland-filling restrictions effected an uncompensated taking. It held that limiting changes to wetlands near navigable waters was a reasonable exercise of the police power because the restrictions prevented harm to public rights and preserved the natural environment rather than securing a new public benefit. The court modified the declaratory-judgment disposition to state the constitutional adjudication expressly and otherwise affirmed both judgments.