WIS. ENVIRONMENTAL DECADE v. PUBLIC SERVICE COMM.

No. 76-289.

79 Wis.2d 161 (1977)

255 N.W.2d 917

WISCONSIN'S ENVIRONMENTAL DECADE, INC., Petitioner-Appellant, v. PUBLIC SERVICE COMMISSION, and another, Respondents.

Supreme Court of Wisconsin.

Decided July 1, 1977.


Attorney(s) appearing for the Case

For the appellant the cause was submitted on the brief of Melvin L. Goldberg of Madison, and a reply brief by Kathleen M. Falk of Madison.

There was a brief by Bronson C. La Follette, attorney general, Steven M. Schur, chief counsel, and Barbara J. Willard, assistant chief counsel, for Public Service Commission.

For Wisconsin Public Service Corporation the cause was submitted on the brief of Allen W. Williams, Jr., and Foley & Lardner, all of Milwaukee.


HANLEY, J.

The following issues are presented on appeal: 1. Is summary judgment procedure applicable to proceedings of judicial review of administrative actions under ch. 227, Stats.?

2. If summary judgment procedure is not applicable, may the respondent make, and the circuit court consider, in a judicial review proceeding a motion to dismiss for mootness, which asks the circuit court to take notice of matters outside the record?

3. Has this case been...

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