Monday, January 6, 2014

Just v. Marinette County case brief

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

CASE SYNOPSIS
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.

CASE FACTS
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.

DISCUSSION

  • 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.

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

Suggested law school study materials

Shop Amazon for the best prices on Law School Course Materials.

No comments:

Post a Comment

Book Summary for Toxic Productivity by Israa Nasir

Toxic Productivity by Israa Nasir is an insightful exploration into the pervasive culture of overwork and the toll it takes on our mental a...