ENBRIDGE ENERGY CO., INC. v. DANE COUNTY

No. 2016AP2503 & 2017AP13.

929 N.W.2d 572 (2019)

2019 WI 78

ENBRIDGE ENERGY COMPANY, INC. and Enbridge Energy, Limited Partnership, Petitioners-Respondents-Petitioners, v. DANE COUNTY, Respondent-Appellant, Dane County Board of Supervisors, Dane County Zoning and Land Regulation Committee and Roger Lane Dane County Zoning Administrator, Respondents. Robert Campbell, Heidi Campbell, Keith Reopelle, Trisha Reopelle, James Holmes, Jan Holmes and Tim Jensen, Plaintiffs-Appellants, v. Enbridge Energy Company, Inc., Enbridge Energy, Limited Partnership and Enbridge Energy Limited Partnership Wisconsin, Defendants-Respondents-Petitioners.

Supreme Court of Wisconsin.

Opinion Filed: June 27, 2019.


Attorney(s) appearing for the Case

For the defendants-respondents-petitioners (2016AP2503) and petitioners-respondents-petitioners (2017AP13), there were briefs filed by Eric M. McLeod , Jeffrey L. Vercauteren , Joseph S. Diedrich , and Husch Blackwell LLP, Madison. There was an oral argument by Eric M. McLeod.

For the respondent-appellant, there was a brief filed by David Gault , assistant corporation counsel. There was an oral argument by David Gault.

For the plaintiffs-appellants, there was a brief filed by Patricia Hammel and Herrick & Kasdorf LLP, Madison; and Thomas R. Burney and Law Office of Thomas R. Burney LLC, Crystal Lake, Illinois. There was an oral argument by Patricia K. Hammel.

An amicus curiae brief was filed on behalf of State of Wisconsin by Sopen B. Shah , deputy solicitor general, with whom on the brief was Misha Tseytlin , solicitor general, and Brad D. Schimel , attorney general.

An Amicus curiae brief was filed on behalf of Wisconsin Manufacturers & Commerce by Corydon J. Fish and Wisconsin Manufacturers and Commerce.


¶1 Enbridge Energy Company1 operates an interstate pipeline transporting liquid petroleum. Dane County issued to Enbridge a conditional use permit ("CUP") including two conditions requiring Enbridge to procure additional insurance prior to expanding...

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