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TOWN OF BELOIT v. PUBLIC SERVICE COMMISSION

No. 93-2148.

180 Wis.2d 610 (1993)

510 N.W.2d 140

TOWN OF BELOIT, a body corporate and politic, Petitioner-Respondent, v. PUBLIC SERVICE COMMISSION OF WISCONSIN, Respondent-Appellant, CITY OF BELOIT, a Wisconsin municipal corporation, Respondent-Respondent.

Court of Appeals of Wisconsin.

Decided December 2, 1993.

Attorney(s) appearing for the Case

For the respondent-appellant the cause was submitted on the briefs of Steven Levine of the Public Service Commission of Wisconsin of Madison.

For the petitioner-respondent the cause was submitted on the brief of Kenneth W. Forbeck of Forbeck & Monahan, S.C., of Beloit.

Before Eich, C.J., Dykman and Sundby, JJ.

EICH, C.J.

The Public Service Commission appeals from an order directing it to determine the value of the Town of Beloit sewerage system under sec. 66.03(4), Stats.

Section 66.03, Stats., provides a method of valuing and apportioning municipal "assets and liabilities" located in areas annexed to another municipality. Section 66.03(4), which deals with "public utilities" located in the annexed territory, states that where the value of such plant cannot be agreed...

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