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ECKER BROS. v. CALUMET COUNTY

No. 2007AP2109.

772 N.W.2d 240 (2009)

2009 WI App 112

ECKER BROTHERS, Plaintiff-Appellant, v. CALUMET COUNTY, Defendant-Respondent.

Court of Appeals of Wisconsin.

Opinion Filed July 15, 2009.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of and oral argument by Joseph R. Cincotta of Milwaukee.

On behalf of the defendant-respondent, the cause was submitted on the brief of Andrew A. Jones and Eric J. Meier of Whyte Hirschboeck Dudek S.C. of Milwaukee. There was oral argument by Andrew A. Jones.

A nonparty brief was filed by Andrew T. Phillips and Gina M. Ozelie of Centofanti Phillips, S.C, of Mequon, for Wisconsin Counties Association.

Before BROWN, C.J., ANDERSON, P.J., and SNYDER, J.

¶ 1 BROWN, C.J.

We read the Wisconsin statutes to say that our legislature favors alternative energy systems, such as the proposed wind energy system at issue in this case. We also read the statutes to disfavor wholesale local control which circumvents this policy. Instead, localities may restrict a wind energy system only where necessary to preserve or protect the public health or safety, or where the restriction does not significantly increase the cost of the...

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