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PACE v. ONEIDA COUNTY

No. 96-3514.

212 Wis.2d 448 (1997)

569 N.W.2d 311

Robert M. PACE, Plaintiff-Appellant, Jean PACE and all Owners of Boathouses located beyond the Ordinary High-Water Mark of Navigable Waterways located in Oneida County, Wisconsin, Plaintiff, v. ONEIDA COUNTY, State of Wisconsin, A Municipal Corporation, Defendant-Respondent, STATE of Wisconsin, Intervenor. ONEIDA COUNTY, State of Wisconsin, A Municipal Corporation, Plaintiff-Respondent, STATE of Wisconsin, Intervenor, v. Robert M. PACE, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided July 22, 1997.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Shane J. VanderWaal of VanderWaal Law Firm, of Wausau.

On behalf of the defendant-respondent, the cause was submitted on the brief of Lawrence R. Heath, corporation counsel, of Rhinelander.

Before Cane, P.J., LaRocque and Myse, JJ.

MYSE, J.

Robert M. Pace appeals a summary judgment finding that § 30.121(3r), STATS., is unconstitutional as a private bill enacted as part of the budget bill and a violation of the separation of powers provided by the Wisconsin Constitution. Pace alleges that the statute, which permits the rebuilding of wet boathouses destroyed by violent wind, vandalism or fire, supersedes the Oneida County zoning ordinance precluding the reconstruction of his wet boathouse...

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