MATTER OF ARBITRATION AMONG MADISON LANDFILLS, INC. v. LIBBY LANDFILL

No. 92-1731.

188 Wis.2d 613 (1994)

524 N.W.2d 883

IN the MATTER OF the ARBITRATION AMONG: MADISON LANDFILLS, INC., Plaintiff-Respondent-Petitioner, v. The LIBBY LANDFILL NEGOTIATING COMMITTEE, Defendant-Appellant.

Supreme Court of Wisconsin.

Decided December 14, 1994.


Attorney(s) appearing for the Case

For the plaintiff-respondent-petitioner there were briefs by William E. Callahan, Jr., Brett K. Miller and Davis & Kuelthau, Milwaukee and oral argument by William E. Callahan.

For the defendant-appellant there was a brief by David B. Billing and Ross & Stevens, S.C. and Jerre L. Ziebelman, assistant corporation counsel, Dane County, all of Madison and oral argument by David B. Billing.

Amicus curiae brief was filed by Milton E. Neshek, Harry F. Worth, Jr. and Godfrey, Neshek, Worth & Leibsle, S.C., Elkhorn for the Wisconsin Manufacturers & Commerce.

Amicus curiae brief was filed by Lisa S. Keyes, Robert W. Mulcahy and Michael, Best & Friedrich, Madison for the Wisconsin Counties Association.

Amicus curiae brief was filed by Thomas W. Harnisch, counsel, Madison for The Wisconsin Towns Association.


DAY, J.

This is a review of a decision of the court of appeals1 reversing a judgment of the circuit court for Dane County, Honorable Gerald C. Nichol, Judge, which vacated and remanded an arbitration award of the Waste Facility Siting Board. This case presents two issues concerning the powers of the Waste Facility Siting Board (Board) during an arbitration proceeding under sec. 144.445, Stats. (1991-92): 1) must the Board delete a provision...

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