MATTER OF ARBITRATION AMONG MADISON LANDFILLS v. LIBY LANDFILL

No. 92-1731.

179 Wis.2d 815 (1993)

509 N.W.2d 307

IN the MATTER OF the ARBITRATION AMONG: MADISON LANDFILLS, INC., Plaintiff-Respondent, v. The LIBBY LANDFILL NEGOTIATING COMMITTEE, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided October 28, 1993.


Attorney(s) appearing for the Case

For the defendant-appellant the cause was submitted on the briefs of David B. Billing, Kim Grimmer, and Don M. Millis of Ross & Stevens of Madison, and Jerre Ziebelman, Asst. Corporation Counsel, for the County of Dane and orally argued by David B. Billing.

For the plaintiff-respondent the cause was submitted on the briefs of William E. Callahan, Jr., Peter J. Ruud, Brett K. Miller of Davis & Kuelthau of Milwaukee and orally argued by William E. Callahan.

Brief of Amicus Curiae submitted on behalf of the Wisconsin Chapter of the National Solid Wastes Management Association, Robert H. Friebert, William S. Roush, Jr., and Caren B. Goldberg of Friebert, Finerty & St. John, S.C. of Milwaukee.

Brief of Amicus Curiae submitted on behalf of Wisconsin's Environmental Decade, Inc., Sierra Club-John Muir Chapter and Wisconsin Public Intervenor, Lawrence E. Classen and Thomas J. Dawson of Madison.

Brief of Amicus Curiae submitted on behalf of the Wisconsin Towns Association, Thomas W. Harnisch of Madison.

Brief of Amicus Curiae submitted on behalf of Wisconsin Counties Associations, Robert W. Mulcahy, Charles V. Sweeney, Lisa S. Keyes of Michael, Best & Friedrich of Madison.

Brief of Amicus Curiae submitted on behalf of League of Wisconsin Municipalities, Curtis A. Witynski of Madison.

Before Gartzke, P.J., Dykman and Sundby, JJ.


SUNDBY, J.

Madison Landfills, Inc. (MLI) proposes to locate a solid waste disposal facility at a site in the Town of Blooming Grove, Dane County, known as the Libby Landfill. The Department of Natural Resources (DNR) issued MLI a favorable determination of feasibility on January 15, 1991. However, a solid waste disposal facility is not a permitted use in the A-1 Exclusive Agriculture zoning district where the Libby Landfill...

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