| Popis: |
The Wisconsin supreme court recently decided a case of national significance that could influence other state courts in applying the critical federal takings law created in the case of Lucas v. South Carolina Coastal Council, 505 U.S. 1003 (1992), 44 ZD 302. In Zealy v. City of Waukesha, 548 N.W.2d 528 (Wis. 1996), 48 ZD 335, decided June 4,1996, the Wisconsin supreme court faced the question of whether Lucas overruled its 1972 landmark decision in Just v. Marinette County, 201 N.W.2d 761 (1972), 24 ZD 319 (upholding shoreline zoning). The Zealy case reaffirmed that zoning a portion of a parcel of property in order to protect wetlands does not constitute a regulatory taking of that property requiring compensation under the United States and Wisconsin constitutions. |
