GROGAN v. PUBLIC SERVICE COMMISSION

No. 81-1947.

109 Wis.2d 75 (1982)

325 N.W.2d 82

John GROGAN, Joan Huegel, James Radtke and Christina Washington, Plaintiffs-Appellants, v. PUBLIC SERVICE COMMISSION OF WISCONSIN, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided September 22, 1982.


Attorney(s) appearing for the Case

For the plaintiffs-appellants the cause was submitted on the briefs of William A. Denny and Terry J. Booth, and Denny, Yanisch & Binder of Milwaukee.

For the defendant-respondent the cause was submitted on the brief of Steven M. Schur, chief counsel, and Steven Levine, assistant chief counsel, Public Service Commission of Wisconsin.

Before Gartzke, P.J., Bablitch, J. and Dykman, J.


GARTZKE, P.J.

Plaintiffs use outdoor natural gas lights to illuminate their homes. They seek a declaratory judgment invalidating the Public Service Commission's rules prohibiting the supply, and thus the use, of natural gas for outdoor residential lighting and an order restraining the commission from enforcing the rules. Plaintiffs assert that the commission lacks authority to apply the challenged rules to gas lights in use before the effective date of the rules and...

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