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CITY OF BROOKFIELD v. PUBLIC SERVICE COMMISSION

No. 93-0608.

186 Wis.2d 129 (1994)

519 N.W.2d 718

CITY OF BROOKFIELD, Village of Butler, Village of Menomonee Falls, City of Mequon, City of New Berlin, Village of Elm Grove, Village of Germantown and Village of Thiensville, Petitioners-Appellants, v. PUBLIC SERVICE COMMISSION OF WISCONSIN, Respondent-Respondent, MILWAUKEE METROPOLITAN SEWERAGE DISTRICT, Miller Brewing, Inc., and Universal Foods Corporation, Respondents.

Court of Appeals of Wisconsin.

Decided June 22, 1994.

Attorney(s) appearing for the Case

On behalf of the petitioners-appellants, the cause was submitted on the briefs of Michael G. Stuart, Walter Kuhlmann and Lawrie J. KobzaofBoardman, Suhr, Curry & Field of Madison.

On behalf of the respondent-respondent, the cause was submitted on the brief of Steven Levine of the Public Service Commission of Wisconsin.

On behalf of respondent Milwaukee Metropolitan Sewerage District, the cause was submitted on the brief of Allen W. Williams, Jr. and Michael D. Flanagan of Foley & Lardner of Milwaukee, and of counsel Michael J. McCabe, James H. Petersen and Harold B. Jackson, Jr. of the Milwaukee Metropolitan Sewerage District.

On behalf of respondents Miller Brewing, Inc. and Universal Foods Corporation, the cause was submitted on the brief of Robert V. Abendroth of Whyte & Hirschboeck, S.C. of Milwaukee.

Before Brown, Nettesheim and Snyder, JJ.

SNYDER, J.

The plaintiff municipalities appeal from a circuit court judgment affirming a Public Service Commission (PSC) order permitting the Milwaukee Metropolitan Sewerage District (MMSD) to charge the municipalities for the recovery of capital costs on the basis of taxable property value. The sole issue is whether MMSD's property value based method is permissible under § 66.91(5)(c), STATS. We hold that it is. Accordingly, we affirm.

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