State v. Dairyland Power Cooperative

Three issues are presented on appeal:(1) Has sec. 280.02, Stats., been repealed by implication;(2) Does either the exhaustion of remedies rule or the primary jurisdiction rule deprive the circuit court of jurisdiction to hear the merits of the matter; and(3) Does the complaint state facts sufficient to constitute a cause of action ?

Repeal by implication.

Sec. 280.02, Stats., provides as follows:

“Injunction against public nuisance, time extension. An action to enjoin a public nuisance may be commenced and prosecuted in the name of the state, either by the attorney general on information…