State v. Chippewa Cable Co.

The issues presented on this appeal are as follows:

1. Did the commission lack jurisdiction to control the erection of respondent’s tower under sec. 114.135 (6)-(9), Stats?

2. Did the commission have primary jurisdiction to determine whether the respondent’s tower was so great a hazard to air travel as to require denial of respondent’s application for a permit under sec. 114.135 (6), Stats., thereby preventing the circuit court from making an independent determination of whether respondent’s tower was so substantial a hazard that the application for a permit was foredoomed to denial at a…