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WAUKESHA COUNTY v. PEWAUKEE MARINA, INC.

No. 93-1998.

187 Wis.2d 18 (1994)

522 N.W.2d 536

WAUKESHA COUNTY, Plaintiff-Respondent, v. PEWAUKEE MARINA, INC., Pewaukee Marina Sales, Inc., Lake Seitz Investment Company, Inc., Pewaukee Marina Boat Rental, Inc., Wonderful World of Crystals and John A. Seitz, Defendants-Appellants.

Court of Appeals of Wisconsin.

Decided August 10, 1994.

Attorney(s) appearing for the Case

On behalf of the defendants-appellants, the cause was submitted on the briefs of James W. Hammes of Cramer, Multhauf & Hammes of Waukesha.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of William J. Domina, assistant corporation counsel.

Before Anderson, P.J., Brown and Nettesheim, JJ.

BROWN, J.

This case concerns John A. Seitz' expansion or enlargement of his marina on Pewaukee Lake, a nonconforming use under the Waukesha County ordinances. Seitz contends that the county ordinance making enlargement or expansion of nonconforming uses one of the grounds for invalidating the use is void since the Wisconsin statutes do not empower the County to invalidate uses on that ground. Seitz also contends that this expansion or enlargement is valid because...

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