After 15 years worth of attorney fees Marina Bay Boat Rentals finally ran out of delaying tactics and prepares to come in compliance with the 100 foot pier length on Lake Geneva Wisconsin.
The Wisconsin Court of Appeals upholds Walworth County Judge John Races summary judgment against TERRY JOHNSON, PAMELA JOHNSON ANDMARINA BAY BOAT RENTALS,INC., and HARBOR COVE CONDOMINIUM ASSOCIATION, INC.,
THIRD PARTY DEFENDANT-APPELLANT.
According to City Staff, the Johhnson’s are in the process of reducing the pier length and may move the pier to the south of the current location.
The Appeals Court gave the following summary of the Marina Bay’s broken agreements with the City of Lake Geneva:
Marina Bay is operated by the Johnsons and conducts its boat and
slip rental business from a pier on Geneva Lake.1 In 1983, the City adopted a
pierhead ordinance that restricted piers to 100 feet in length from the shoreline.
City of Lake Geneva Municipal Code § 90-142. In 1997, the City demanded that
Marina Bay reduce the length of its 156-foot pier to conform with the ordinance.
Marina Bay sued the City to maintain its entire pier. The litigation was resolved
by a stipulation that required Marina Bay to reduce the length of its pier to 100
feet to bring the pier into compliance with the ordinance before the 2003 boating
season (the 1998 stipulation). The 1998 stipulation further provided that if § 90-
142 were ever amended, Marina Bay could extend the length of its pier to the
maximum length allowed under the amended ordinance. The parties’ entered into
an amended stipulation in 2002 allowing Marina Bay to maintain its pier through
the end of the 2007 season and requiring compliance with the 100-foot ordinance
for the 2008 season.
1 Harbor Cove Condominium Association contracted with Marina Bay to maintain the pier and operate its boat and slip rental business from the pier.
¶4 In 2008, Marina Bay installed a pier that exceeded 100 feet. The
City sought to enforce the 100-foot requirement. Marina Bay sued the City
alleging breach of contract and seeking declaratory and injunctive relief to prevent
the City from enforcing the 100-foot pier length ordinance. Marina Bay later
added an equal protection claim based on the fact that municipal piers were
exempt from the 100-foot pier length ordinance. The City counterclaimed for
enforcement of § 90-142 and the parties’ stipulations.