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ASHWAUBENON v. PUBLIC SERVICE COMM.

22 Wis.2d 38 (1963)

TOWN OF ASHWAUBENON, Petitioner and Respondent, v. PUBLIC SERVICE COMMISSION, Appellant: FORT HOWARD PAPER COMPANY, Intervenor and Respondent: STATE, Intervenor and Appellant.

Supreme Court of Wisconsin.

December 20, 1963.

Attorney(s) appearing for the Case

For the appellants the cause was argued by William E. Torkelson, chief counsel, for the Public Service Commission, and by Roy G. Tulane, assistant attorney general, for the state of Wisconsin, with whom on the briefs was George Thompson, attorney general.

For the respondent town of Ashwaubenon there was a brief by Davis, Soquet & Cherney of Green Bay, and oral argument by Donald E. Soquet.

For the respondent Fort Howard Paper Company there was a brief by Everson, Whitney, O'Melia & Everson of Green Bay, and oral argument by John C. Whitney.

A brief amici curiae was filed by William E. Sieker of Madison, for the Wisconsin Council for Resource Development and Conservation and Nature Conservancy, Inc.

GORDON, J.

This case presents two main issues: (1) Problems concerning the review of an administrative order and (2) the interpretation of sec. 30.11, Stats., and its relation to the trust doctrine pertaining to navigable waters in this state. The appellants contend that the order of the commission is not reviewable by the courts and therefore ask that we reverse the circuit court's denial of their motion to dismiss. The appellants also challenge the circuit court...

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