¶1(concurring). Zinn has survived the first test of whether she states a claim, but many legal questions necessary to resolve the action remain undecided, see p. 427, note 5, and it appears that proof of damage will be difficult. The trial court may determine, in interpreting and applying sec. 227.12 (1), (2), (5) to this case, that the DNR ruling might never have taken effect and that because of DNR’s right to reconsider its ruling and its granting of petition to reconsider, the DNR ruling was always subject to modification and therefore never attained the degree of “finality” needed to render it a “taking.” The majority suggests that even after the DNR granted Zinn’s petition for rehearing, which may have ended a “taking” of her title, there remained a cloud on the title. The majority does not determine whether any asserted cloud on Zinn’s title constitutes a taking or can otherwise be the basis of a damages award.
112 Wis. 2d 417
334 N.W.2d 67
Zinn v. State
Decided June 1, 1983
Wisconsin Supreme Court · decided 1983-06-01
Good law ✅— No negative treatment on recordhow we know
Decided 1983-06-01
How this case has been cited
Cited by 77 later decisions — most recently July 2022 · most notably 39 Cal. 3d 862 - Baker v. Burbank-Glendale-Pasadena Airport Authority (1985), Thorp v. Town of Lebanon (2000)
2 federal appellate · 75 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
View the full empirical analysis of this case →