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CITY OF OAK CREEK v. PUBLIC SERVICE

No. 2005AP741.

716 N.W.2d 152 (2006)

2006 WI App 83

CITY OF OAK CREEK, by its WATER AND SEWER UTILITY COMMISSION, Petitioner-Appellant, v. PUBLIC SERVICE COMMISSION OF WISCONSIN, and City of Franklin, by its Board of Water Commissioners, Respondents-Respondents.

Court of Appeals of Wisconsin.

Opinion Filed March 21, 2006.

Attorney(s) appearing for the Case

On behalf of the petitioner-appellant, the cause was submitted on the briefs of Boardman, Suhr, Curry & Field LLP by Lawrie J. Kobza and Matthew D. Weber, Madison.

On behalf of the respondent-respondent Public Service Commission of Wisconsin, the cause was submitted on the brief of Edward S. Marion, Madison.

On behalf of the respondent-respondent City of Franklin, by its Board of Water Commissioners, the cause was submitted on the brief of Piper & Schmidt by Joseph M. Wirth and Jon D. Monson, Milwaukee.

Before WEDEMEYER, P.J., FINE and CURLEY, JJ.

¶ 1 WEDEMEYER, P.J.

The City of Oak Creek, by its Water and Sewer Utility Commission (Oak Creek) appeals from a decision of the circuit court affirming a July 26, 2004 final decision and order of the Public Service Commission (PSC) requiring Oak Creek to reconvey to the City of Franklin, without compensation, title to certain contributed water utility infrastructure used by Oak Creek to service City of Franklin retail water customers.1

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