BEST DISPOSAL v. MILW. SEWERAGE

No. 85-0674.

128 Wis.2d 537 (1986)

BEST DISPOSAL SYSTEMS, a division of Waste Management of Wisconsin, Inc., a Wisconsin corporation, Plaintiff-Respondent, v. MILWAUKEE METROPOLITAN SEWERAGE DISTRICT, a municipal corporation, Defendant-Appellant, GO OF WISCONSIN, INC., a Wisconsin corporation, and Land Reclamation, Ltd., a Wisconsin corporation, Defendants and Co-Appellants, TOWN & COUNTRY WASTE SERVICE, INC., a Wisconsin corporation and Town of Mount Pleasant, a municipal corporation, Defendants.

Court of Appeals of Wisconsin.

Decided January 27, 1986.


Attorney(s) appearing for the Case

For the plaintiff-respondent the cause was submitted on the briefs of Friebert, Finerty & St. John, S.C. by John D. Finerty and William S. Roush, Jr., of Milwaukee.

For the defendant-appellant the cause was submitted on the briefs of Michael J. McCabe, director legal services, with Patrick Halligan, senior staff attorney of counsel, of Milwaukee.

For the defendants-co-appellants the cause was submitted on the briefs of Law Offices, Joseph J. Muratore, S.C. by Joseph J. Muratore, Sr. and Joseph J. Muratore, Jr., of Racine.

Before Moser, P.j., Sullivan and Brown, JJ.


MOSER, P.J.

The Milwaukee Metropolitan Sewerage District (the District) and GO of Wisconsin, Inc. (GO) appeal an interlocutory order granting Best Disposal Systems (Best) a temporary injunction. Because the trial court abused its discretion in granting the injunction, and because the court failed to rule on an issue, we reverse.

In late 1984 the District requested bids for the disposal of trash which the District...

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