Town of Milton v. McGowan Water, Light & Power Co.
Wisconsin Supreme Court
Appeal from an order of the circuit court for Rock county: George Grimm, Circuit Judge. The appeal is from an order denying the motion of the defendant to dissolve a preliminary injunction restraining the defendant from prosecuting a certain proceeding pending before the railroad commission of Wisconsin. The defendant company is a public utility corporation engaged, under an indeterminate permit, in supplying water to said town of Milton and to the inhabitants thereof.
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Appeal from an order of the circuit court for Rock county: George Grimm, Circuit Judge. The appeal is from an order denying the motion of the defendant to dissolve a preliminary injunction restraining the defendant from prosecuting a certain proceeding pending before the railroad commission of Wisconsin. The defendant company is a public utility corporation engaged, under an indeterminate permit, in supplying water to said town of Milton and to the inhabitants thereof. On January 20, 1920, the plaintiff voted to purchase the water plant of the defendant, and thereafter the plaintiff filed…
1Opinion of the CourtDoerfler, J.
The only question involved in this case is whether the plaintiff has the power- to discontinue the proceedings before the railroad commission.
*660Ch. 393 of the Laws of 1917 creates sec. 1797m — 81a of the Statutes, which among other things provides:
“Any municipality having heretofore determined to acquire an existing plant or any part of the equipment of a public utility as provided by sections 1797m — 1 to 1797m — ■ 109 of the statutes, may discontinue all proceedings to that end at any time prior to the final determination of compensation by the railroad commission by a resolution to that…
2Cited by3 opinions
- Klump v. CybulskiWisconsin Supreme Court · 1957
- Muscoda Bridge Co. v. Worden-Allen Co.Wisconsin Supreme Court · 1928
- Henderson v. HoesleyWisconsin Supreme Court · 1937