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BROOKFIELD v. MILWAUKEE SEWERAGE DIST

No. 90-1263.

171 Wis.2d 400 (1992)

491 N.W.2d 484

CITY OF BROOKFIELD, Village of Butler, Village of Menomonee Falls, City of Mequon, City of New Berlin, Village of Elm Grove, Village of Germantown, Village of Thiensville, Richard E. Ensslin, Donald Wenzel and Raymond Gray, Plaintiffs-Respondents-Cross Appellants, CITY OF MUSKEGO, Plaintiff, v. MILWAUKEE METROPOLITAN SEWERAGE DISTRICT, Defendant-Appellant-Cross Respondent.

Supreme Court of Wisconsin.

Decided November 13, 1992.

Attorney(s) appearing for the Case

For the defendant-appellant-cross respondent there were briefs (in the court of appeals) by Michael J. McCabe, James H. Petersen, Harold B. Jackson, Jr., of Milwaukee Metropolitan Sewerage District and Maurcie J. McSweeney, Allen W. Williams, Jr., Richard M. Esenberg, Michael D. Flanagan and Foley & Lardner, all of Milwaukee and oral argument by Mr. Williams, Jr. and Mr. Flanagan.

For the plaintiffs-respondents-cross appellants there were briefs (in the court of appeals) by Truman Q. McNulty, Ross A. Anderson, Michael J. Lund, Christopher J. Jaekels and Frisch Dudek, Ltd., Milwaukee and oral argument by Mr. McNulty, Mr. Anderson and Mr. Lund.

Amicus Curiae brief was filed by Robert V. Abendroth, Marcia Rimai and Whyte & Hirschboeck, S.C., Milwaukee for the Joint Organization for Better Sewers.

Amicus Curiae brief was filed (in the court of appeals) by Steven Levine, Madison for Public Service Commission of Wisconsin.

Amicus Curiae brief was filed (in the court of appeals) by Maryann Sumi, assistant attorney general, with whom on the brief was James E. Doyle, attorney general, for the State of Wisconsin.

SHIRLEY S. ABRAHAMSON, J.

This is an appeal from a judgment of the circuit court for Waukesha County, Robert T. McGraw, Circuit Judge. The judgment estopped the Milwaukee Metropolitan Sewerage District (MMSD) from changing its method of charging the plaintiff municipalities for the recovery of the capital costs of MMSD's sewerage processing and water pollution abatement facilities. It further adjudged, in accordance with the special verdict of the jury, the reasonable...

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