Legal Opinion · Dissent

Oneida Seven Generations Corporation v. City of Green Bay

Wisconsin Supreme Court

Decided May 29, 2015No. 2013AP000591Published

1DissentPatience Drake Roggensack, C.J.

¶ 82. (dissenting). The Common Council of the City of Green Bay found that representatives of Oneida Seven Generations Corporation misrepresented material facts to the Common Council when it obtained a conditional use permit to construct and operate a biomass gasification facility. On certiorari review, the Common Council's factual findings are sustained if any reasonable view of the evidence supports them. Kapischke v. Cnty. of Walworth, 226 Wis. 2d 320, 328, 595 N.W.2d 42 (Ct. App. 1999). The majority opinion refuses to follow this and other long-established legal principles that apply to…

2Cases cited14 opinions

  1. Tietsworth v. Harley-Davidson, Inc.Wisconsin Supreme Court · 2004
  2. Whipp v. IversonWisconsin Supreme Court · 1969
  3. Ottman v. Town of PrimroseWisconsin Supreme Court · 2011
  4. Crystal Lake Cheese Factory v. Labor & Industry Review CommissionWisconsin Supreme Court · 2003
  5. Cohn v. Town of RandallCourt of Appeals of Wisconsin · 2001

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