State v. City of La Crosse

The state appeals from an order which granted Paul Hemker’s motion in limine to exclude evidence and granted his motion for summary judgment dismissing the complaint against him. The state alleged that Hemker had placed fill within the La Crosse River flood plain which would cause an increase greater than 0.1 foot in the height of the regional flood, 1 contrary to sec. 15.03(B) (1) of the flood plain zoning ordinance of the City of La Crosse. The trial court held that because Hemker’s property was outside the area designated as floodway on La Crosse’s official flood plain zoning map, 2 the…