Ordinance Interpretation.

Byline: Derek Hawkins

WI Court of Appeals District III

Case Name: Oneida County v. Sunflower Prop II, LLC,

Case No.: 2018AP2366

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

Focus: Ordinance Interpretation

Sunflower Prop II, LLC, appeals a judgment validating the enforceability of Oneida County's pier ordinance and the County's finding that Sunflower is in violation of that ordinance. Sunflower argues the ordinance is unenforceable because its pier complies with the requirements for a permit exemption under WIS. STAT. 30.12(1g)(f), and a municipality lacks the authority to regulate the construction and location of piers that qualify for that exemption.

We agree with Sunflower that municipal regulations enacted pursuant to WIS. STAT. 30.13(2) cannot be applied to a pier that qualifies for a permit exemption under WIS. STAT. 30.12(1g)(f). Based on the appellate record, however, it is unclear whether Sunflower's pier in fact qualifies for that exemption, specifically the requirement that a pier be "no more than 6 feet wide." See 30.12(1g)(f)1.a. Accordingly, we reverse the judgment and remand for further proceedings. If the circuit court determines that Sunflower's pier satisfies the...