Ballenger et al., v. Door County & Washington Island Ferry Line, Inc.
Apr 08, 1996OUTCOME: Client prevailed both at trial and on appeal
County passed zoning ordinance amendment allowing client to construct a ferry terminal as a permitted use. Neighboring property owners challenged. Circuit Court Judge N. Patrick Crooks (now a Wisconsi ... n Supreme Court Justice) determined that zoning ordinance amendment was valid. On appeal and cross appeal, the Wisconsin Court of Appeals held that: (1) even though could be spot zoning, the ferry terminal would promote public welfare and was consistent with purpose of the ordinance; (2) findings with regard to proposed facility for ferry line, including the construction of terminal, would be in public interest, were supported by record; (3) the county has discretion to allow operation of ferry terminal by privately owned enterprise where ferry terminals would have been permitted use had it been owned and operated by governmental agency; and (4) required number of supervisors were present at board meeting.
