Saying the proposed pumping and transport of well water from the Carlin Club property in the Vilas county town of Presque Isle is a commercial activity, Judge Leon Stenz of Forest County sided with the Carlin Lake Association plaintiffs ruling that use is not allowed in the R-1 residential zoning district.
Defendants argued there was no ordinance violation, and they argued association plaintiffs cannot demonstrate they have been hurt, and the town of Presque Isle has not adopted the Vilas County general zoning ordinance.
Judge Stenz indicated activity by Carlin Club enterprise demonstrates more than just plans . . . an application for a permit was denied, a larger pump was installed for filling tankers, a driveway for trucks, and investment of several million dollars show what they intend to do therefore there was no need for a violation before filing this case. The plan was to pump and transport 20,000 gallons a day to a facility in Marinesco, Michigan for bottling.
Judge Stenz found there is no violation but there would be should enterprise proceed with pumping and transport of water. He accepted summary judgment on behalf of the lake association indicating the planned activity is a commercial use and would not be allowed in the present shoreland residential zoning district.
