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KAUKAUNA v. PUBLIC SERVICE COMM.

271 Wis. 516 (1956)

CITY OF KAUKAUNA, Appellant, vs. PUBLIC SERVICE COMMISSION, Respondent.

Supreme Court of Wisconsin.

January 10, 1956.

Attorney(s) appearing for the Case

For the appellant there was a brief and oral argument by H. F. McAndrews, city attorney.

For the respondent Public Service Commission there was a brief by the Attorney General and William E. Torkelson, chief counsel for the commission, joined in by Van Hoof & Van Hoof of Little Chute, for the village of Combined Locks, and oral argument by Mr. Torkelson and Mr. Gerald H. Van Hoof.

GEHL, J.

The parties agree that the only question to be considered upon this appeal is whether the commission had jurisdiction to establish the rate to be charged by Kaukauna, and that if it had such jurisdiction, it is by virtue of the provisions of sec. 66.076 (9), Stats. They are as follows:

"Upon complaint to the public service commission by any user of the service that rates, rules, and practices are unreasonable or unjustly discriminatory, or upon complaint...

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