Legal Opinion

Scenic Pit LLC v. Village of Richfield

Court of Appeals of Wisconsin

Decided June 28, 2017No. 2015AP2291PublishedCited by 2 opinions

1Opinion of the CourtHagedorn, J.

¶ 1. The siting of landfills is,

understandably, often fraught with controversy. In response, the State of Wisconsin has seen fit to preempt local neighborly battles for the common good by establishing a statewide landfill regulatory scheme. This case concerns the scope of that statewide scheme for solid waste facilities exempt from regulation under Wis. Stat. § 289.43(8) (2015-16)1—clean fill facilities— vis-á-vis a municipality's zoning powers and certain other local construction permitting requirements.

*283¶ 2. Scenic Pit LLC sought to open a clean fill facility in the Village of Richfield. The…

2Cases cited9 opinions

  1. State v. PettitCourt of Appeals of Wisconsin · 1992
  2. Willow Creek Ranch, L.L.C. v. Town of ShelbyWisconsin Supreme Court · 2000
  3. Wisconsin's Environmental Decade, Inc. v. Department of Natural ResourcesWisconsin Supreme Court · 1978
  4. Anchor Savings & Loan Ass'n v. Equal Opportunities CommissionWisconsin Supreme Court · 1984
  5. DeRosso Landfill Co. v. City of Oak CreekWisconsin Supreme Court · 1996

4 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Wildwood Estate, LLC v. Village of SummitCourt of Appeals of Wisconsin · 2025
  2. Wisconsin Realtors Association, Inc. v. City of NeenahCourt of Appeals of Wisconsin · 2025

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