Town of Holland files challenge in Circuit Court

Filed under:Appeal,BadgerCoulee - Wisconsin,Wisconsin — posted by admin on May 4, 2015 @ 9:22 am

Last week, Frank Jablonski, representing the Town of Holland, filed an appeal challenging the Wisconsin Public Service Commission Badger Coulee decision.  Holland went directly to the court, and didn’t bother with an administrative Motion for Reconsideration at the PSC.  Given their decision, and lack of substantive review or consideration, I can see why!

Here’s the PSC’s Final Order – Badger Coulee – 05-CE-142.

Here’s the Town of Holland’s Circuit Court – Petition for Judicial Review.

Others?  We shall see…

A Petition for Rehearing has to be filed within 20 days of the April 23, 2015 service of the Final Order. by my count, the 13th of May:

Petition for Rehearing

And for a Circuit Court Petition for Judicial Review, its 30 days, with Saturday the 23rd the 30th day, so Monday the 25th would be the deadline (but hey, do it on Friday the 22nd just because!):

Petition for Judicial Review

In an administrative decision, the further away from the decision, the further away you are from success in challenging it.  The important action is at the PSC, building the record for the decision, and the specifics in the Final Order.

And if someone wants to challenge it, what to do?  In Wisconsin, you have your choice, as above (in Minnesota, it requires a Petition for Reconsideration, and then after that’s resolved, on to the Appellate Court).  Either way, whether a Petition for Rehearing, or a Petition for Judicial Review to a Circuit Court, it’s an uphill battle to say the least.  If a Petition for Rehearing is filed, they’ll have to take it up, but can just say, “No, we’re not interested in a Rehearing,” and that’s the end of that.  If it goes directly to the Circuit Court, skipping the Petition for Rehearing step at the PSC, it’s still tough going.  Courts give administrative decisions “great deference,” as they are the “experts” in their field of jurisdiction, and it is a rare PSC Order that is remanded by a Circuit Court.  We can argue whether they’re “experts” or not (most of us would agree that they’re NOT!), but that won’t change the order.


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