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WIS. PUB. SERV. CORP. v. OCONTO COUNTY

No. 83-263.

118 Wis.2d 428 (1984)

347 N.W.2d 908

WISCONSIN PUBLIC SERVICE CORPORATION, a Wisconsin corporation, Plaintiff-Appellant, v. OCONTO COUNTY, Wisconsin, a municipal corporation; Town of Lakewood, Oconto County, Wisconsin, an unincorporated municipality; Peter Liptack, Jr., Assessor of the Town of Lakewood, Defendants-Respondents and Cross-Respondents, The State of Wisconsin DEPARTMENT OF REVENUE, Defendant-Respondent and Cross-Appellant.

Court of Appeals of Wisconsin.

Decided March 27, 1984.

Attorney(s) appearing for the Case

For the appellant the cause was submitted on the briefs of Foley & Lardner, Leonard S. Sosnowski, Michael P. Erhard and Michael B. Van Sicklen of Madison.

For the cross-appellant the cause was submitted on the brief of Bronson C. La Follette, attorney general, and John J. Glinski, assistant attorney general.

For the respondent Town of Lakewood the cause was submitted on the brief of Everson, Whitney, Everson, Brehm & Pfankuch, S.C., and John E. Herald of Green Bay, and Plier, Judge & McCormick and Joseph C. McCormick of Oconto.

Before Foley, P.J., Dean and Cane, JJ.

FOLEY, P.J.,

The Wisconsin Public Service Corporation and the Wisconsin Department of Revenue appeal a judgment declaring that 640 acres of WPSC property is subject to local property taxation rather than state ad valorem taxation. The property is within the boundaries of WPSC's federally-licensed hydroelectric power project, is required as a condition of WPSC's license, and is used solely for public recreation. Because we conclude that the property is "necessarily...

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