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Irwin Law
Irwin Law, Attorney
Category: Estate Law
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Experience:  30+ yrs. handling probate estate, wills, trust, inheritance & real estate related matters
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Marinette, WI changed zoning on an industrial zoned and operated

Resolved Question:

Marinette, WI changed zoning on an industrial zoned and operated building to local shopping on property that has been used as industrial for 80 years, without notice. Plan commission and City council refuse to correct it. Can anything be done?
Submitted: 1 year ago.
Category: Estate Law
Expert:  Irwin Law replied 1 year ago.

Hello, and thanks for submitting this interesting question. Zoning changes normally require notice to all affected property owners, including surrounding property owners. The statutes are very state and county specific. If no notice was given, or the statutes were not followed correctly, then the new zoning ordinance can be challenged in court. If a court were to find the new zoning to be valid, the company's current use should be considered "grandfathered". That is, the new zoning cannot prevent the continued operation of the current business the same as before. You don't say how the company is being affected by the change, but if it goes so far as to prevent the company from doing business then there is a possible reverse condemnation claim that might be made, that would force the city to buy the property at market value and compensate the company for its' moving costs. Needless to say, you will need a very competent zoning attorney to tell you exactly where you stand and I wish you luck.

I hope this information is helpful and that you will enter a positive rating. I thank you for submitting your question to Pearl-Just Answer. We appreciate your business. If you need clarification or additional information, please send me a Reply and I will be happy to explain further. Please consult a local attorney to verify the accuracy of this information according to your state's laws.

Customer: replied 1 year ago.


They gave a conditional use permit but now we need to do a Phase 2 soil test to conform with local shopping. A Phase 2 in industrial would be no problem. The company wants to add on the building. That's where the problem begings as the bank has additional requirements to supply the loan. Goodwill is in the guilding doing parts for Marinette Marine and Tyco. This is holding up the sale of the building and the start of building.They employ over 270 disabled clients and need to expand, as their offices are 6 blocks away. It is a 24000 sq ft building on 3.5 acres close to the industrial park.

Expert:  Irwin Law replied 1 year ago.

So your problem is with the bank requirements, not P&Z. A bank can set its own lending requirements regardless of the zoning issue. It should know that your land is not subject to the local shopping category, but they can still set the lending rules anyway they wish. If they cannot be persuaded otherwise, your option is to go to a different lender.

I hope this information is helpful and that you will enter a positive rating. I thank you for submitting your question to Pearl-Just Answer. We appreciate your business. If you need clarification or additional information, please send me a Reply and I will be happy to explain further. Please consult a local attorney to verify the accuracy of this information according to your state's laws.

Irwin Law, Attorney
Category: Estate Law
Satisfied Customers: 4814
Experience: 30+ yrs. handling probate estate, wills, trust, inheritance & real estate related matters
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