R.W. Docks & Slips v. State

No. 99-2904 (Wis. Ct. App. July 11, 2000)

ELR Digest

The court holds that a development company whose request for a dredging permit to develop boat slips at a marina was denied did not suffer a regulatory taking. The state environmental agency had granted the company permits for 201 boat slips, but denied a permit to build an additional 71 slips. The court holds that the agency's denial of a permit to build the slips did not constitute a regulatory taking. Despite its inability to develop the 71 boat slips, the company maintains reasonable use of the whole of its riparian property, including the existing 201 boat slips, marina, and appurtenant structures. Additionally, although the company intimates that the agency granted the previous permits with knowledge of the company's intent to ultimately build 272 boat slips, the company nevertheless concedes that it did not have all permits necessary to complete the project and further concedes that the agency had the authority to deny the necessary permits. As such, the company should not have presumed that all necessary permits would be granted and it assumed the risk of loss in the event of the agency's denial of the permits sought.

The full text of this opinion is available from ELR (4 pp., ELR Order No. L-249).

[Counsel not available at this printing.]

[30 ELR 20791]

[OPINION OMITTED BY PUBLISHER IN ORIGINAL SOURCE]