Legal Opinion

Zealy v. City of Waukesha

Court of Appeals of Wisconsin

Decided May 17, 1995No. 93-2831PublishedCited by 11 opinions

1Opinion of the CourtBrown, J.

The dispute here concerns how courts should measure compensation to a landowner when the government reclassifies a portion of the landowner's parcel as conservancy in order to protect diminishing wetlands. The challenging landowner in this case primarily claims that when part of a parcel's zoning classification is changed to conservancy, the courts should treat that portion as though it has been constructively taken and the government should pay accordingly. The government responds that a taking does not occur when a zoning reclassification restricts the use of only a portion of the parcel if…

2Cases cited28 opinions

  1. Penn Central Transportation Co. v. New York CitySupreme Court of the United States · 1978
  2. Village of Euclid v. Ambler Realty Co.Supreme Court of the United States · 1926
  3. Lucas v. South Carolina Coastal CouncilSupreme Court of the United States · 1992
  4. Pennsylvania Coal Co. v. MahonSupreme Court of the United States · 1922
  5. Loretto v. Teleprompter Manhattan CATV Corp.Supreme Court of the United States · 1982

23 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Zealy v. City of WaukeshaWisconsin Supreme Court · 1996
  2. Bettendorf v. St. Croix CountyCourt of Appeals for the Seventh Circuit · 2011
  3. State v. Winnebago CountyCourt of Appeals of Wisconsin · 1995
  4. Eternalist Foundation, Inc. v. City of PlattevilleCourt of Appeals of Wisconsin · 1999
  5. Lake Bluff Housing Partners v. City of South MilwaukeeCourt of Appeals of Wisconsin · 1998

6 more not listed; retrieve them via the Exa API.

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