Waukesha County v. Seitz

Waukesha County appeals an order 1 dismissing its complaint alleging that Jack Seitz was illegally operating a marina and boat livery in violation of §3.07(7)(K) and (L) of the Waukesha County Shoreland and Floodland Protection Ordinance (1986). 2 The complaint sought a forfeiture judgment against Seitz and an order directing that he cease the activity.

The county argues that Seitz’s activities were not nonconforming uses at the time that the ordinance became effective. Alternatively, the county argues that Seitz’s subsequent use constituted an illegal expansion or enlargement of a…