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BROOKFIELD v. MILWAUKEE SEWERAGE DIST.

No. 87-0004.

141 Wis.2d 10 (1987)

414 N.W.2d 308

CITY OF BROOKFIELD, Village of Butler, Village of Elm Grove, Village of Menomonee Falls, City of Mequon and City of New Berlin, Plaintiffs-Appellants, v. MILWAUKEE METROPOLITAN SEWERAGE DISTRICT and Wisconsin Public Service Commission, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided August 5, 1987.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of T. Michael Schober and Thomas G. Kreul of Schober & Radtke, S.C. of New Berlin.

On behalf of the defendant-respondent, Milwaukee Metropolitan Sewerage District, the cause was submitted on the brief of Michael J. McCabe, Patrick Halligan and Susan B. Anthony of Milwaukee.

Before Scott, C.J., Brown, P.J., and Nettesheim, J.

SCOTT, C.J.

The cities of Brookfield, Mequon and New Berlin and the villages of Butler, Elm Grove and Menomonee Falls (municipalities) appeal a judgment affirming a Public Service Commission (commission) order. The municipalities had filed a complaint against the Milwaukee Metropolitan Sewerage District (district) under sec. 66.912(5), Stats., alleging that the district's method of capital cost recovery was unreasonable or unjustly discriminatory. The commission found...

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