Abuse of Discretion Zoning Ordinance.

Byline: Derek Hawkins

WI Court of Appeals District III

Case Name: Carlin Lake Association, Inc., et al. v. Carlin Club Properties, LLC

Case No.: 2017AP2439

Officials: Stark, P.J. Hruz and Seidl, JJ.

Focus: Abuse of Discretion Zoning Ordinance

Carlin Club Properties, LLC ("Carlin Club") appeals a summary judgment granted in favor of Carlin Lake Association, Inc. ("the Association") and seven individual owners of riparian property on Carlin Lake ("the Landowners"). The judgment granted the Landowners' request for a judgment declaring that Carlin Club's proposed use of its propertyto pump water from a well and then transport that water off-site for bottling and commercial salewould be in violation of Vilas County's general and shoreland zoning ordinances. Further, the judgment permanently enjoined Carlin Club from conducting any activities related to the pumping and transporting of its well water for off-site commercial sale.

On appeal, Carlin Club argues the circuit court erred in granting the Landowners summary judgment for multiple reasons. Specifically, Carlin Club contends: (1) the Landowners lacked standing under WIS. STAT. 59.69(11) (2017-18)2 to enforce the applicable county zoning ordinance because they did not demonstrate they suffered any special damages; (2) the Association also lacked standing under 59.69(11) because it did not own any real property within the district affected by the ordinance;3 (3) the Landowners' action was not ripe for adjudication because Carlin Club had not yet violated the ordinance; (4) the court erroneously exercised its discretion by determining that equitable factors did not preclude the issuance of an injunction; and (5) the county zoning ordinance at issue is invalid because it is preempted by the Department of Natural Resources' (DNR) authority to regulate groundwater withdrawal.

We reject Carlin Club's arguments, with one exceptionwe agree with Carlin Club that the...