Legal Opinion

State ex rel. Owen v. Wisconsin-Minnesota Light & Power Co.

Wisconsin Supreme Court

Decided April 24, 1917PublishedCited by 10 opinions

Appeal from a judgment of tlie circuit court for Dane county: E. Rat Stevehs, Circuit Judge. Mandamus. By ch. 222 of the Laws of 1883 defendant’s predecessors in title obtained the right to build and maintain a dam across Long Lake river just below Long Lake, then in Burnett, now in Washburn, county, with the maximum head of twelve feet.

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Appeal from a judgment of tlie circuit court for Dane county: E. Rat Stevehs, Circuit Judge. Mandamus. By ch. 222 of the Laws of 1883 defendant’s predecessors in title obtained the right to build and maintain a dam across Long Lake river just below Long Lake, then in Burnett, now in Washburn, county, with the maximum head of twelve feet. The franchise was granted upon condition “that any of the provisions of this act may be altered, amended or repealed, whenever the legislature may deem it proper to alter, amend or repeal the same.” Its present right to maintain the dam is claimed under this…

1Opinion of the CourtVinje, J.

Oh. 755 of the Laws of 1913 is found as secs. 1596 — 50 to 1596 — 19, inclusive, of the Statutes of 1913. 'The section providing for judicial review reads as follows:

'“Section 1596 — 76. The state, any municipality, or any grantee shall be entitled to review in the circuit court for Dane county any order or finding of the commission made subsequent to the granting of the franchise, and all of the provisions of sections 1797m — 1 to 1797m — 109, inclusive, ■of the statutes, relating to the review of' orders or findings :made by the commissions, so far as applicable, shall apply to The review…

2Cases cited5 opinions

  1. Wadley Southern Railway Co. v. GeorgiaSupreme Court of the United States · 1915
  2. Bonnett v. VallierWisconsin Supreme Court · 1908
  3. City of Janesville v. CarpenterWisconsin Supreme Court · 1890
  4. State ex rel. Wausau Street Railroad v. BancroftWisconsin Supreme Court · 1912
  5. Northwestern Mutual Life Insurance v. StateWisconsin Supreme Court · 1916

3Cited by10 opinions

  1. Du Pont v. Family Court for New Castle CountySupreme Court of Delaware · 1959
  2. Maynard v. B. F. Goodrich Co.Ohio Supreme Court · 1944
  3. Redevelopment Agency v. GoodmanCalifornia Court of Appeal · 1975
  4. Port of New York Authority v. HemingSupreme Court of New Jersey · 1961
  5. Rock-Koshkonong Lake District v. State Department of Natural ResourcesWisconsin Supreme Court · 2013

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