RURAL v. PSC

No. 99-2430.

239 Wis.2d 660 (2000)

2000 WI 129

619 N.W.2d 888

RESPONSIBLE USE OF RURAL AND AGRICULTURAL LAND (RURAL), Petitioner-Appellant, Daniel GOMEZ-IBANEZ, Wendy Lynn Lein, Lynn Needham, and Kathryn A. Nekola, Petitioners, v. PUBLIC SERVICE COMMISSION OF WISCONSIN and Wisconsin Department of Natural Resources, Respondents-Respondents, ROCKGEN ENERGY LLC, Polsky Energy Corporation, and Alliant Energy-Wisconsin Power and Light Company, Intervenors-Respondents-Respondents. VILLAGE OF ROCKDALE, Petitioner-Co-Appellant, v. PUBLIC SERVICE COMMISSION OF WISCONSIN, Respondent-Respondent, ROCKGEN ENERGY LLC, Polsky Energy Corporation, and Alliant Energy-Wisconsin Power and Light Company, Intervenors-Respondents-Respondents.

Supreme Court of Wisconsin.

Decided December 19, 2000.


Attorney(s) appearing for the Case

For the petitioner-appellant, RURAL, there were briefs (in the court of appeals) by Susan Hedman and Environmental Law & Policy Center of the Midwest, Chicago, and oral argument by Susan Hedman.

For the petitioner-co-appellant, Village of Rockdale, there were briefs (in the court of appeals) by Allen D. Reuter, Kim I. Moermond and Reuter & Whitish, S.C., Madison, and oral argument by Allen D. Reuter.

For the respondent-respondent, Public Service Commission of Wisconsin, there was a brief (in the court of appeals) by Kevin B. Cronin, assistant general counsel, Madison, and oral argument by Kevin B. Cronin.

For the respondent-respondent, Wisconsin Department of Natural Resources, the cause was argued by Frank D. Remington, assistant attorney general, with whom on the brief (in the court of appeals) was James E. Doyle, attorney general.

For the intervenors-respondents-respondents, Rockgen Energy LLC and Polsky Energy Corporation, there was a brief (in the court of appeals) by Peter L. Gardon, Raymond M. Roder, Stephanie L. Mott and Reinhart, Boerner, Van Deuren, Norris & Rieselbach, S.C., Madison, and oral argument by Peter L. Gardon.

For the intervenor-respondent-respondent, Alliant Energy-Wisconsin Power and Light Company, there was a brief (in the court of appeals) by Ritchie J. Sturgeon Madison, and oral argument by Ritchie J. Sturgeon.

An amicus curiae brief was filed by Terrence C. Thom, Rocke A. Calvelli, William P. Croke and Quale, Feldbruegge, Calvelli, Thom & Croke, S.C., Milwaukee, on behalf of the Wisconsin Utilities Association.

An amicus curiae brief was filed by Frank J. Jablonski and Porter, Jablonski & Associates, S.C., Madison, on behalf of Wisconsin's Environmental Decade, Citizens Utility Board, Senators Fred A. Risser and Charles Chvala, and Representative Tom Hebl.

An amicus curiae brief was filed by Cal W. Kornstedt, corporation counsel, and Maureen A. Plunkett, assistant corporation counsel, on behalf of the County of Dane.


¶ 1. N. PATRICK CROOKS, J.

This appeal is before the court on bypass from the court of appeals pursuant to Wis. Stat. (Rule) § 809.61(1997-98).1 Petitioner-Appellant, Responsible Use of Rural and Agricultural Land (RURAL), and Petitioner-Co-Appellant, the Village of Rockdale (Rockdale), appeal an order of the circuit court for Dane County, Honorable Gerald C. Nichol, Judge, dismissing RURAL and Rockdale's petitions challenging...

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