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AMERICAN TRANSMISSION v. DANE COUNTY

No. 2008AP2604.

772 N.W.2d 731 (2009)

2009 WI App 126

AMERICAN TRANSMISSION CO., LLC, Plaintiff-Respondent, v. DANE COUNTY, Defendant-Appellant.

Court of Appeals of Wisconsin.

Opinion Filed July 23, 2009.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Marcia MacKenzie, Dane County Corporation Counsel, and Leslie A. Hamilton, Assistant Corporation Counsel.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Brady C. Williamson and David J. Giles of Godfrey & Kahn, S.C., Madison.

A nonparty brief was filed by Jennifer E. Nashold and David A. Ludwig, Madison, for the Public Service Commission of Wisconsin.

Before DYKMAN, VERGERONT and PETERSON, JJ.

¶ 1 VERGERONT, J.

This action for a declaratory judgment arises out of a dispute between American Transmission Co., LLC, and Dane County over whether the construction of three transmission lines in Dane County are subject to county ordinance requirements for various permits. The construction projects were each authorized by the Wisconsin Public Service Commission (PSC) through the issuance of a certificate of public convenience and necessity. The circuit court...

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