John ADAMS, Linda Adams, Mike Johnson, Ann Johnson, Verne Wilkie, Rosemary Wilkie, Richard Massen and Darlene Massen, Plaintiffs-Respondents-Petitioners,
v.
STATE of Wisconsin LIVESTOCK FACILITIES SITING REVIEW BOARD, Defendant-Co-Appellant,
Larson Acres, Inc., Intervenor-Appellant.
Town of Magnolia, Petitioner-Respondent-Petitioner,
v.
State of Wisconsin Livestock Facilities Siting Review Board, Respondent-Co-Appellant,
Larson Acres, Inc., Intervenor-Appellant.
Supreme Court of Wisconsin.https://leagle.com/images/logo.png
Argued September 7, 2011.
Decided July 11, 2012.
Attorney(s) appearing for the Case
For the petitioner-respondent-petitioner there were briefs filed by Glenn C. Reynolds , Rebecca A. Paulson , and Reynolds & Associates, Madison, and oral argument by Glenn C. Reynolds.
For the plaintiff-respondent-petitioners there were briefs filed by Christa Westerberg and McGillivray, Westerberg & Bender LLC, Madison, and Peter M. McKeever and Garvey McNeil & Associates, S.C., Madison, and oral argument by Christa Westerberg.
For the intervener-appellant there was a brief by Eric M. McLeod , Michael P. Screnock , and Michael Best & Friedrich LLP, Madison, and oral argument by Eric M. McLeod.
For the respondent-co-appellant the cause was argued by Robert M. Hunter , assistant attorney general, with whom on the brief was J.B. Van Hollen , attorney general.
Amicus curiae briefs were filed on behalf of Wisconsin Farm Bureau Federation, Cooperative, The Dairy Business Association, Inc., The Wisconsin Cheese-Makers' Association, and the Wisconsin Pork Association, Cooperative, by H. Dale Peterson , Krista R. Pleviak , and Stroud, Willink, & Howards, LLC, Madison, Wisconsin Lakes Association, River Alliance of Wisconsin, and Wisconsin Trout Unlimited by Jodi Habush of Midwest Environmental Advocates, Madison, Family Farm Defenders, Inc. and Wisconsin Farmers Union by Lester A. Pines , Jeffrey L. Vercauteren , and Cullen Weston Pines & Bach, LLP, Madison and Kara Slaughter of the Wisconsin Farmers Union, Madison, Wisconsin Counties Association and Wisconsin Towns Association by Patrick Henneger , Andrew T. Phillips , Daniel J. Borowski , and Phillips Borowski, S.C., Mequon, and Richard J. Stadelman and the Wisconsin Towns Association, Shawano.
Supreme Court of Wisconsin.
MICHAEL J. GABLEMAN, J.
¶ 1 We review a published decision of the court of appeals1 reversing an order of the Rock County Circuit Court, James E. Welker, Judge. The circuit court order reversed and remanded the cause to the State Livestock Facilities Siting Review Board ("Siting Board"), which had affirmed with modifications a permit issued by the Town of Magnolia ("Town"). The Town had granted an application for a livestock facility...
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