Monday, January 6, 2014

Just v. Marinette County case brief

Just v. Marinette County case brief summary
201 N.W.2d 761 (1972)

Appellant landowners sought review of a decision by the Circuit Court for Marinette County (Wisconsin), which dismissed their action for a declaratory judgment ruling as to the constitutionality of a shoreland zoning ordinance.

The landowners initiated a declaratory judgment action in the lower court seeking a determination that a shoreland zoning ordinance was unconstitutional. The lower court dismissed the action.


  • On review, the court affirmed but modified the judgment of the lower court. 
  • The court held that the landowners' property constituted wetlands and that the provision of the ordinance that prohibited the filling of wetlands was constitutional. 
  • The court further held that the lower court erred in dismissing the landowners' action instead of issuing a declaratory judgment ruling. 
  • Thus, the court modified the lower court's dismissal of the landowners' action to set forth a declaratory adjudication as to the constitutionality of the ordinance.

The court affirmed the lower court's judgment, as modified.

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