Pewaukee Marina owner still fighting legal battle

Town of Delafield With the boating season just around the corner, Pewaukee Marina owner John A. Seitz still is fighting a legal battle to keep his business going.

A Waukesha County Circuit Court decision is expected by late April that would determine the future of the marina on the western shore of Pewaukee Lake.

Seitz lost his ability to operate the property as a business in 1993 after a jury found that he had illegally expanded the marina operations. The decision came after neighbors long complained about noise, pollution and heavy boat traffic that they said ruined their enjoyment of their lakefront properties.

A judge imposed a $31,000 fine against Seitz, who has owned the marina since 1969. He unsuccessfully fought the decision through the Court of Appeals. Recently, the Wisconsin Supreme Court refused to review that appellate ruling, and Seitz's attorney, James Hammes, said the fight was finished.

But while that fight was going on, Seitz also applied to the county for a conditional use permit that would give his business standing again as a legal, non- conforming use. Business Scaled Back

A year ago, the commission approved the permit, but imposed conditions that would scale back his operation. That included removal of some residential buildings, moving the boat launch ramp, reducing the pier size and number of boat moorings and limiting items for sale.

Seitz sued the commission last May, arguing that the conditions were unreasonable. Circuit Court Judge J. Mac Davis is hearing the challenge and could rule next month, both sides said.

The business hasn't opened for the season, according to manager Sondra Bidar, because the ice on the lake just went out. Normally, she said, the marina opens in late April or early May.

"We certainly expect to open," she said, speaking on behalf of Seitz.

But William Domina, assistant county corporation counsel who has worked on the case, said: "I think quite frankly he's got no rights to operate right now, but the county has never been interested in putting him out of business. We just want him to conduct business in a reasonable sphere in a residential zone."

Hammes said he had filed a motion asking Davis to view the marina before he makes a decision.

"I will expect we will get a decision before {Seitz} is open for business," Hammes said. If the decision goes against Seitz, and imposes conditions to which he is opposed, Hammes said, "he has to comply with the decision unless it's changed by an appellate court."

Domina said the county had obtained a judgment and lien against Seitz's property for the fine, which has not been paid. Interest is accruing at 12% a year, he said, and probably stands at about $35,000 to 40,000.

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