Just v. Marinette County

Just (plaintiff) bought shoreline property on Lake Noquebay, a navigable lake in Marinette County (defendant), in 1961. In 1967, the county adopted a shoreland zoning ordinance requiring a conditional-use permit before filling more than 500 square feet of wetlands within 300 feet of navigable water, or more than 2,000 square feet on gentle slopes. Although the ordinance applied to his land, Just brought in over 1,000 square yards of sand to fill his property without obtaining a permit. When the county challenged the fill, Just argued the ordinance amounted to a constructive taking because it drastically reduced his property's value.