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Just v. Marinette County

Supreme Court of Wisconsin
201 N.W.2d 761 (1972)


Facts

In 1961, Just (plaintiff) purchased land along the shore of Lake Noquebay, a navigable lake in Marinette County (defendant). In 1967, the county enacted a shoreland zoning ordinance that required a conditional-use permit for the placement of more than 500 square feet of fill on wetlands within 300 feet of navigable waters or the filling of more than 2,000 square feet on slopes of twelve percent or less. Although this requirement applied to Just’s property, he brought in over 1,000 square yards of sand to fill the land. He did so without obtaining a permit. Just claimed that the regulation amounted to a constructive taking because it drastically reduced the value of the property.

Rule of Law

Issue

Holding and Reasoning

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